Writs of Indian Constitution Notes: Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto

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Writs of Indian Constitution Notes: Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto

Writs are among the most important topics in Indian Polity. Questions related to Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto are frequently asked in SSC, UPSC, Railway, Banking and State Government examinations.

Overview of Writs

Particulars Details
Topic Writs
Articles 32 and 226
Total Writs 5
Issued By Supreme Court and High Courts

What is a Writ?

A writ is a legal order issued by a court to protect Fundamental Rights and ensure justice. Dr. B.R. Ambedkar called Article 32 the "Heart and Soul of the Constitution".

Types of Writs

Writ Meaning
Habeas Corpus Produce the body
Mandamus We command
Prohibition To prohibit
Certiorari To be certified
Quo Warranto By what authority

1. Habeas Corpus

Habeas Corpus means "Produce the Body". It is issued when a person is illegally detained.

Key Points

  • Protects personal liberty.
  • Most important writ.
  • Can be issued against illegal detention.

2. Mandamus

Mandamus means "We Command". It directs a public authority to perform its legal duty.

  • Issued against public officials.
  • Cannot be issued against private individuals.

3. Prohibition

Issued by a higher court to prevent a lower court from exceeding its jurisdiction.

  • Preventive in nature.
  • Issued before judgment.

4. Certiorari

Issued to quash the order of a lower court or tribunal when it exceeds jurisdiction.

  • Corrective in nature.
  • Issued after the order is passed.

5. Quo Warranto

Means "By What Authority". It prevents a person from holding a public office without legal authority.

  • Protects public offices.
  • Can be sought by any citizen.

Difference Between Prohibition and Certiorari

Prohibition Certiorari
Issued before judgment Issued after judgment
Preventive Corrective
Stops proceedings Quashes proceedings

Article 32 vs Article 226

Article 32 Article 226
Supreme Court High Courts
For Fundamental Rights For Fundamental Rights and Other Rights
Constitutional Right Discretionary Power

Exam-Oriented One-Liners

  • Article 32 is called the Heart and Soul of the Constitution.
  • There are five writs in the Indian Constitution.
  • Habeas Corpus protects personal liberty.
  • Mandamus means "We Command".
  • Quo Warranto means "By What Authority".

Previous Year Questions

  1. Which writ protects personal liberty?
    Answer: Habeas Corpus
  2. Which writ means "We Command"?
    Answer: Mandamus
  3. Which writ is issued against unlawful occupation of public office?
    Answer: Quo Warranto
  4. Which Article is called the Heart and Soul of the Constitution?
    Answer: Article 32
  5. How many writs are there in India?
    Answer: Five

Frequently Asked Questions (FAQs)

How many writs are there in the Indian Constitution?

There are five writs.

Which writ protects personal liberty?

Habeas Corpus.

Which writ means "We Command"?

Mandamus.

Who can issue writs?

Supreme Court and High Courts.

Which Article is known as the Heart and Soul of the Constitution?

Article 32.

Conclusion

Writs are essential constitutional remedies that protect citizens' rights and ensure justice. Every aspirant preparing for competitive examinations should master all five writs thoroughly.

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