A writ petition is a formal written request to a court seeking relief or enforcement of a legal right. In India, writ petitions are filed under Article 32 (Supreme Court) and Article 226 (High Courts) of the Constitution. There are five main types of writs:
1. Habeas Corpus
- Meaning: “Produce the body”
- Purpose: To protect an individual’s right to personal liberty against unlawful detention or arrest.
- Example: If a person is detained illegally by the police or any private individual, their family or friends can file this writ.
2. Mandamus
- Meaning: “We command”
- Purpose: To direct a public official, government body, or lower court to perform a duty they are legally required to do.
- Example: If a government official refuses to issue a necessary license without valid reason, a writ of mandamus can be filed.
3. Prohibition
- Meaning: “To forbid”
- Purpose: To prevent a lower court, tribunal, or quasi-judicial body from exceeding its jurisdiction or acting against the law.
- Example: If a lower court starts hearing a case it has no authority to hear, the High Court or Supreme Court can issue this writ.
4. Certiorari
- Meaning: “To be certified”
- Purpose: To quash an illegal or improper order passed by a lower court, tribunal, or authority.
- Example: If a tribunal gives a decision beyond its jurisdiction, the higher court can annul it using certiorari.
5. Quo Warranto
- Meaning: “By what authority”
- Purpose: To challenge the legal validity of a person’s claim to a public office.
- Example: If someone is appointed as a government officer without fulfilling the required qualifications, this writ can be filed to remove them.
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