SC issues 5 types of writs:



  1. Habeas Corpus (meaning - you may have the body) : To release a person who has been detained unlawfully, whether in prison or in private custody.
Example: The habeas writ was used in the Rajan case, a student victim of torture in local police custody during the nationwide Emergency in India in 1976.On 12th March 2014, Subrata Roy's counsel approached the Chief Justice moving a habeas corpus petition. It was also filed by Panthers Party to protest the imprisonment of Anna Hazare.

  2.  Mandamus (meaning - we command) : To secure the performance of public duties by a lower court, tribunal or public authority, which they fail to do on their own.
Example: mainly to keep power pf police in check when they resort to hooliganism.

 3.  Certiorari (meaning - to be certified) : To quash an order already passed by a lower court, tribunal or quasi-judicial authority.
Example: Pankaj Kumar Ganguly And Ors. vs Bank Of India And Ors. on 17 April, 1956

 4.  Prohibition: To prohibit an inferior court from continuing the proceedings in a case when it is outside their jurisdiction.
Example: A.Dhanasekaran vs The Commissioner on 21 March, 2011

 5.  Quo warranto (meaning - what is your authority) : To restrain a person from holding a public office to which he is not entitled.
Example: removal of CVC of India PJ Thomas by SC.

Comments

Popular posts from this blog

Residuary Powers (Art. 248)

आत्मनिर्भर भारत - Self Reliant India

amazon