YOUR FUNDAMENTAL RIGHTS ARE BEING VIOLATED? KNOW ABOUT WRITS

By Rahul Goyal, Student of KIIT School of Law, Bhubaneswar

The fundamental rights of citizens are guarded by the Supreme Court. It is regarded as the “guarantor” and “defender” of India’s people’ fundamental rights. It has the authority to issue the following five writs: prohibition, quo warranto, certiorari, quo warranto, and habeas corpus. A writ is a directive or order issued by a higher court (such as the Supreme Court or the High Court) requiring someone to carry out or refrain from carrying out a certain action. Any person may submit a writ petition when the state violates one of their fundamental rights.

DIFFERENT TYPES OF WRITS

The Indian Constitution provides the public with five different sorts of writs in the event that their fundamental rights are being violated. The five different kinds of writs listed below are issued under various conditions and have various imputations.

1. Habeas corpus is a Latin term which means “to have a body of”
2. Mandamus is a Latin term which means “to command”
3. Quo warranto is a Latin term which means “by what authority”
4. Certiorari is a Latin term which means “to certify”
5. Prohibition is an English term which means “to forbid or to stop”

WRIT OF HABEAS CORPUS

“You must have the body before us for submitting,” is how the term “Habeas corpus” is known in its extended version, “Habeas corpus coram nobis ad subjiciendum.”

An unjustly jailed person can be freed thanks to this writ. By virtue of this writ, any individual who is in custody—police, judicial, or private—is brought before a court of law and released if their incarceration is determined to be unlawful. The private or public individual who is taking a person into his custody has the burden of evidence. A person cannot be forced to testify against themselves, according to Article 20 of the Constitution, and they are also prohibited from being convicted of the same crime more than once. The Article further stipulates that a person can only be held accountable for a specific offence if, at the time of the offense’s commission, a law was being broken by the conduct of that offence. This writ is used to uphold the Constitution’s Article 21 fundamental right to personal liberty against wrongful detention.

The detained person may file the writ petition on his or her own or on behalf of any friends or family members. The writ may be issued both against public and private entities.

SITUATIONS IN WHICH WRIT MAY BE ISSUED

1. when the legal process is not followed when a person is detained.
2. when an arrest is made under a law that is unconstitutional in and of itself.
3. when the legal process is not adhered to precisely.

WRIT OF MANDAMUS

This writ is issued by a court with superior standing to command inferior courts—or any other public official who has neglected to carry out their mandated duties—to do so accurately and effectively. This writ is only issued as a last resort, that is, when all other efforts to remedy the situation have failed. Any sort of power, whether legislative, judicial, quasi-judicial, or administrative, may be the target of the writ.

Anyone who sincerely wants a public authority to carry out its duties may submit a writ petition. Any person or governmental entity that has neglected to carry out their obligatory public duty may be the target of the writ.

SITUATIONS IN WHICH WRIT MAY BE ISSUED

1. The individual or any public authority against whom the writ must be issued must be required by law to carry out a specific duty, which he has neglected or disregarded.
2. The public obligation must be one that is mandatory in nature, and it must be violated when it is not performed.
3. To force the fulfilment of such a public duty, the petitioner must have the legal authority to do so.

WRIT OF QUO WARRANTO

The purpose of this writ is to demand proof from any individual or public official as to the legal basis for their holding a certain public office. The party in question bears the burden of proof. However, the concerned individual may be dismissed from public office if he is unable to demonstrate his legitimacy. This writ forbids anyone from illegally and without rightfully taking over a public position.

Any person whose fundamental rights are being violated or for reasons of public interest may submit a writ petition. Any unfit public officeholder may be the target of the writ (public or private person).

SITUATIONS IN WHICH WRIT MAY BE ISSED

1. There must be a legally established public office.
2. The position must be meaningful and long-term in character.
3. A private person may improperly hold the status of a public official.
4. The appointment of a person to the relevant public office has broken the law.
5. Public service obligations must be of a public nature.

WRIT OF CERTIORARI

A lower court is instructed to transfer a specific case to the higher court for consideration by means of this writ, which is issued by the higher courts (Supreme Court or High Courts). An already-passed order by the lower courts may also be reversed by the higher courts. This writ seeks to right the wrongs committed by the lower levels of the judiciary.

Any person who feels wronged by a decision made by lower courts may file a writ petition with the Supreme Court or High Courts.

SITUATIONS IN WHICH WRIT MAY BE ISSUED

1. When a person is bound by a legal authority, this writ may be issued.
2. When such a person acts outside the scope of its authority, this writ may be issued.
3. This writ may be issued when a judge makes a legal mistake while performing their duties.
4. When such a person engages in fraud or transgresses the norms of natural justice, this writ may be issued.

WRIT OF PROHIBITION

This writ is issued to stop a subordinate court or tribunal from exercising its authority in an unauthorised manner. The lower court’s proceedings are immediately suspended upon the issuing of this writ, and the case is then transferred to the authority with jurisdiction over it. This document is also known as a “stay order.”

Any judicial or quasi-judicial body operating outside of its purview is subject to this writ. Except in cases of a legal error, this writ may be issued in the same circumstances as a writ of certiorari.

One of the Supreme Court’s most significant powers is the ability to issue writs. The issuance of writs, in my opinion, offers the nation’s residents the best security for their safety. Therefore, in order to ensure prompt and impartial justice for the parties who have been wronged, the court must exercise this authority delicately. Only reasonable problems must be taken into consideration when issuing writs, and no one should abuse this authority of the higher courts.