Every citizen is guaranteed certain fundamental rights under Articles 12-35 of the Indian Constitution. Writ Jurisdiction is also another fundamental rights. However, the recognition of fundamental rights alone is not enough; they must also be protected. Thus, for the protection of fundamental rights, a remedy is provided under Article 32 and Article 226 of the Constitution of India. Which empowers the Courts to issue “Writ Jurisdiction” if the fundamental rights of any citizen are violated. Regulations issued in India are called Prerogative Orders. In the case of L. Chandra Kumar v. Union of India, 1997, the Hon’ble Supreme Court held that the power of the Supreme Court to issue writs to the citizens of India to enforce their fundamental rights forms part of the fundamental structural doctrine and therefore this power can never be altered or removed.

Writ Jurisdiction – Meaning

The writs are a written order of the Supreme Court or the High Court which directs the citizens of India to constitutional remedies against the violation of their fundamental rights. Article 32 of the Constitution of India deals with the constitutional remedies that an Indian citizen can seek before the Supreme Court of India and the High Court against violation of his fundamental rights. The same Article gives the Supreme Court the power to issue writs of execution while the High Court has the same power under Article 226. Writs – Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition. These are the Five different types of Writs.

Different Types of Writs in Writ Jurisdiction

The Supreme Court of India is the guardian of the fundamental rights of citizens. It has original and broad powers for this. It issues five types of court orders to enforce the fundamental rights of citizens. The five types of documents are:-

1. Habeas Corpus: means “to have a body of”
2. Mandamus: means “to command”
3. Certiorari: means “by what authority”
4. Quo Warranto:  means “to certify”
5. Prohibition: means “to forbid or to stop”

Writ of Habeas Corpus

The meaning of this Writ is “you must have the body in front of us for submitting”.

This order assists in the release of an unlawfully detained person. Under this warrant, any person who is either in police, judicial or private custody is brought before a court and released if such detention is found to be unlawful. The burden of proof is on the public official or private person who takes the person into custody. The Constitution states in Article 20 that no one can be compelled to be a witness against himself, and he cannot be tried twice or more for committing the same crime. The article also states that liability can only be held for a certain crime if, at the time of the crime, there is a law that is violated by the commission of such crime. This order serves to enforce the fundamental right to personal liberty under Article 21 of the Constitution against illegal detention.

The request for judicial proceedings can be filed by the detained person himself or on his behalf by any of his friends or relatives. The prescription can be issued both against public authorities and against private individuals.

In which situations can the Writ be issued

1. When the detention is not in according with the procedure established by law.
2. When an arrest is made under a law that is itself unconstitutional.
3. When the statutory procedure is not strictly followed.

In which situations can the Writ not be issued

1. Writ is not available during a state of emergency.
2. Writ is not available if the petition for trial is denied by the competent court.
3. The Writ is not available if the person’s detention is related to a court order.
4. A warrant is not available if it is established by providing the necessary evidence that the person’s imprisonment is lawful.

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Writ of Mandamus

This order is issued by a court of higher authority ordering the lower courts or other public official who has failed to perform his duty to perform his mandatory public duty properly and effectively. This command is a last resort, that is, it is only issued when all other attempts have been made to resolve the problem. A writ can be issued against any type of authority; legislative, judicial, quasi-judicial or administrative.

Anyone who, in good faith, wants the public authority to function properly can file a lawsuit. A prescription can be issued against any person or public authority who has failed to fulfill their mandatory public duty.

In which situations can the writ be issued

1. A person or any public authority against whom a Writ must be issued must be bound by law to perform some duty which he has failed or omitted to perform.
2. The public law obligation must have a mandatory nature and there must be a failure to fulfill such a mandatory act.
3. The petitioner must have the legal right to compel the performance of such public duty.

In which situations the writ cannot be issued

1. This writ cannot be issued against the judges of the High Court and Supreme Court and compel them to perform their duty.
2. This writ cannot be issued against the President of India and the Governor of any State to compel them to perform their duties.
3. This Writ cannot be issued against a working Chief Justice of India compelling him to perform his duty.
4. This Writ cannot be issued if the nature of the obligation is arbitrary.
5. This Writ cannot be issued against a private person.
6. This Writ cannot be issued to enforce a private contract.

Writ of Certiorari

This order is issued by higher courts (Supreme Court or High Courts) directing a lower court to refer a particular case to a higher court for consideration. The High Courts also have the power to set aside an order already passed by the Subordinate Courts. The purpose of this injunction is to correct the errors committed by the lower judiciary.

Any aggrieved person can appeal to the Supreme Court or the High Court against the decision of the lower courts.

In which situations can the writ be issued

1. This Writ can be issued if the person is bound by a statutory authority.
2. This Writ may be issued if such person is acting beyond the scope of his jurisdiction.
3. This Writ can be issued if the person acting in court commits a legal error.
4. This Writ can be issued if such person has committed fraud or violated the principles of natural justice.

In which situations the writ cannot be issued

1. This Writ can be issued if the person is bound by a statutory body.
2. This Writ may be issued if such person is acting beyond the scope of his jurisdiction.
3. This Writ can be issued if a person acting in court commits a legal error.
4. This Writ can be issued if such person has committed fraud or violated the principles of natural justice.

Writ of Quo Warranto

This order is issued to enable civil servants or any private person to demonstrate the authority under which they hold a particular public office. The burden of proof lies with the person concerned. However, if the person in question does not prove his authority, he may be removed from public office. This injunction prevents any person from usurping public office without any authority.

A lawsuit can be filed by any person whose fundamental rights are violated or in the public interest. A writ can be issued against any unlawful holder of public office (public or private).

In which situations can the writ be issued

1. There must be a public office established by law.
2. The public function must be substantive and permanent.
3. A private person may illegally hold a position in a public office.
4. The law was violated when the person was appointed to the public office in contravention.
5. Duties arising from public office must be of a public nature.

In which situations the writ cannot be issued

1. This Writ cannot be issued if the petitioner would gain political advantage by issuing it.
2. This Writ cannot be issued against any Minister of State.

Writ of Prohibition

This injunction is granted to prevent a lower court or tribunal from acting beyond its legitimate jurisdiction. After the issuance of this court order, the proceedings in the court of lower instance are stopped immediately and the matter is transferred to the authority in charge of the matter. This order may also be called a “residence order”.

This order may be issued against any judicial or quasi-judicial authority acting outside its jurisdiction. This writ may be issued in the same situations in which a writ of certiorari is issued, except in cases of error of law.

Difference Between Writ Jurisdiction Of Supreme Court And High Court

Where Article 32 of the Constitution of India empowers the Supreme Court to issue Writ; Article 226 empowers the Supreme Courts of India. However, there are several differences between the jurisdiction of the two courts:-

Scope:-
Supreme Court:- Supreme Court has limited power to issue Writ.
High court:- High Court has wider power to issue Writ as compare to Supreme Court.

Provision:-
Supreme Court:-  Article 32 empowers Supreme Court to issue Writ.
High court:- High Court has power to issue Writ under Article 266.

Nature:- 
Supreme Court:- Article 32 is a fundamental right enshrined in Part III of the Constitution of India which is guaranteed to all citizens of the country. It also forms part of the basic doctrine of the structure.
 Article 266 does not provide Fundamental Rights to the citizen of India.

Jurisdiction:-
Supreme Court:- Jurisdiction of Supreme Court is spread all over the country.
High court:- The power of the Supreme Court to issue injunctions is limited only to the State or Union Territory which falls within the jurisdiction of the relevant High Court.

When can a writ be issued?
Supreme Court:- The Supreme Court can issue injunctions only when the fundamental rights of an individual are violated.
High court:- The High Court can issue injunctions in two cases – when the fundamental rights of an individual are violated, when the statutory rights of an individual are violated, the issuance of an injunction in such a case is the proper remedy under the law.

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Conclusion

The power to issue injunctions is one of the most important powers of the Supreme Court. In my opinion, issuance of writs is the greatest assurance given to the citizens of the country for their safety. The court must therefore use this power with discretion to ensure speedy and fair justice for the aggrieved. No one should abuse this power of the higher courts and only reasonable questions should be considered for issuing injunctions. Finally, in the case of Kesavananda Bharati v. State of Kerala (1973), the largest ever 13-judge bench of the Supreme Court held that Article 32 is part of the basic structural doctrine and thus beyond the ambit of amendments. powers of parliament.