Legal Question in Constitutional Law in India

Re: writs?

You should read a commentary on Articles 32 and 226 of the Constitution of India for proper understanding of the writ law.

If possible, try to read commentaries on Constitution Law by (A) D.D.Basu; (B) SEERVAI; (C) L.M.SINGHVI; (D) PROF NARINDER KUMAR; OR (E) PANDEY.

The writs are :

Habeas Corpus

Mandamus

Certiorari

Prohibition

Quo Warranto

Habeas Corpus is for producing an illegally detained person in the court.

Mandamus is issued by the court to command upon a person or authority to do something.

Certiorari is issued to quash an order/Award/Judgement by a judicial or quasi-judicial body/Tribunal.

Prohibition is issued to restrain a person or authority from doing something.

Quo Warranto is issued to question the legal authority of a person occupying a public office.

However, it is not necessary for the court to use the nature of any particular writ in its order. The courts may issue any writ, order or direction for granting necessary relief to a party.

The writs can be issued only by HIGH COURTS in India or by the Supreme Court of India.

If you any question, please feel free to write me e-mail.

Re: writs?

You can get the same in any book on writs or constitution