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Writ Jurisdiction: Mandamus, Certiorari, Habeas Corpus

Under Article 32 of the Constitution (Supreme Court) and Article 226 (High Courts), the judiciary has wide powers to issue five historic Prerogative Writs to enforce fundamental rights and control administrative action.

Note: Article 226 gives High Courts wider jurisdiction than Article 32, as High Courts can issue writs for the enforcement of fundamental rights *and* "any other purpose" (ordinary legal rights).

1. The Five Constitutional Writs

  1. Habeas Corpus ("Produce the Body"): Issued to challenge the illegal detention of a person. The court orders the detaining authority to produce the detainee, inspect the legal grounds of detention, and release them immediately if the detention is found to be unlawful.
  2. Mandamus ("We Command"): Issued to compel a public authority, department, or corporate body to perform a mandatory statutory duty that they have failed or refused to perform. It cannot be issued to compel discretionary acts or private agreements.
  3. Certiorari ("To be Certified"): A curative writ issued to quash an order passed by a lower court, tribunal, or quasi-judicial body. The grounds for Certiorari are lack of jurisdiction, excess of jurisdiction, violation of natural justice, or an error of law apparent on the face of the record.
  4. Prohibition: A preventive writ (issued *before* the final order is passed). It restrains a lower tribunal or quasi-judicial body from continuing proceedings that exceed their legal jurisdiction. It is often summarized: "Prohibition prevents; Certiorari cures."
  5. Quo Warranto ("By What Authority"): Issued to challenge the legality of a person claiming or usurping a public office of a permanent character created by statute or Constitution. If the person has no legal qualification to hold the office, the court ousts them.

2. Other Judicial Remedies

Apart from writs, citizens can seek:

  • Declaratory Judgments: A formal court declaration of a person's legal rights or status.
  • Civil Suits for Compensation: In regular civil courts, seeking financial damages for administrative torts or breach of contract.