The soul of the Indian Constitution is our fundamental rights that's why our
great framers created special provisions for their implementation.
Articles 32 and 226 of the Indian Constitution empower the Supreme Court and the
High Courts respectively, to grant writs in the nature of Habeas Corpus, Quo
Warranto, Mandamus, Certiorari and Prohibition respectively for the imposition
of the fundamental rights. The Supreme Court, or the High Court approached may
grant relevant orders, directions or writs for the implementation of the right
There are five types of writs following as under:
- Habeas Corpus:
In case Habeas Corpus the court can give direction to any person or authority to produce the person detained by such person or authority, may give direction for his release if his detention found to be illegal.
In case of Mandamus, it means "We command'' The writ can be issued to give order to any person or authority to perform any function that such a body or person is found to be illegally duty bound. It's a high advantageous writ!
In case of Certiorari, a writ or order issued by a superior court calling upon the records of a proceeding in an inferior court for assessing or directing it to verify the cause pending before to establish effectual justice dispensed.
- Quo Warranto:
In case of Quo warranto, it means "by what authority". It's a writ granted to any authority takes space in a public office asking it to exhibit by an authority.
In case of prohibition, it's an order granted by a higher court prohibiting a lower court from proceeding in a suit regarded to be over its jurisdiction. It's a solution against the appropriation of jurisdiction.
In carrying out the activity, their writ jurisdiction the courts not only have
the power to rectify the damages but also the compensates for the violation.