Notes on various types of writs in India

Anything that is issued under an authority is a writ. Orders, warrants, directions etc. issued under authority are examples of writs. There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari. Each of them has different meaning and different implications. In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction.

Habeas Corpus

Habeas Corpus literally means ‘to have the body of’. Via this writ, the court can cause any person who has been detained or imprisoned to be physically brought before the court. The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free. Such a writ can be issued in following example cases:

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Supreme court;Writs will not lie against the Judiciary acting on its judicial side

If the submission of Mr. Shanti Bhushan is accepted that by simply
hearing a writ petition the Court becomes a party with same duties and
responsibilities as the State, then the rights which can be claimed only
against the State can also be claimed against all private parties because
judiciary has to hear and decide almost all cases. Such plea is required to
be noticed only for rejection otherwise all disputes against private persons
will have to be treated as a dispute against the State also, because it is
primary responsibility of the judiciary to hear and adjudicate all disputes.
The judicial forum will then loose its impartiality because petitioners, like in
the present case, will make a demand that court itself should act as the
State and deliver all reliefs in a dispute where the executive or the
legislature is not at all involved as a party. For the aforesaid reasons we find
no merit in the contention that while acting in judicial capacity the judiciary
acts as the State and hence it must, as a corollary, entertain a writ petition
against purely private parties only because the matter has been brought
before the court.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE/ORIGINAL JURISDICTION
CIVIL APPEAL NOS.3276-3278 OF 2013

Riju Prasad Sarma Vs State of Assam & Ors.

SHIVA KIRTI SINGH, J.
Dated;July 07, 2015.

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