The five writs: what each one does

Where writs come from

The Supreme Court can issue writs to enforce Fundamental Rights under Article 32. High Courts can issue writs under Article 226 for Fundamental Rights and for any other purpose. That makes the High Court’s writ power wider.

The five writs

• Habeas corpus: “you may have the body”. Requires a detained person to be brought before the court so that the legality of the detention can be examined.
• Mandamus: “we command”. Directs a public authority to perform a public legal duty that it has failed to perform.
• Prohibition: stops a lower court or tribunal from continuing a proceeding that is outside its jurisdiction.
• Certiorari: quashes an order of a lower court or tribunal that acted beyond its jurisdiction or made a clear legal error.
• Quo warranto: “by what authority”. Challenges a person’s right to hold a public office.

Prohibition and certiorari: the difference

Prohibition is preventive. It works while the proceeding is still going on. Certiorari is corrective. It works after the order has been made.

Practice

Try the “Which writ?” flow, then take the constitutional law quiz.

Key references

Start with these primary sources, and check the current official text before relying on them.

• Constitution of India, Articles 32 and 226.
• See also Article 227 (superintendence of High Courts over subordinate courts).