The five constitutional writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) compared for CAPF Paper I revision
Writs are issued to enforce rights. The Supreme Court issues writs under Article 32 (itself a Fundamental Right, called the "heart and soul" of the Constitution by Ambedkar). High Courts issue writs under Article 226, which is wider because it covers both Fundamental Rights and other legal rights. There are five writs, all borrowed from English law. Cover the right columns and recall each. See judiciary and fundamental rights.
| Writ | Literal meaning | Issued to do what | Issued against |
|---|---|---|---|
| Habeas Corpus | "to have the body" | Produce a detained person before the court; release if detention is unlawful | Both public authorities and private individuals |
| Mandamus | "we command" | Command a public authority to perform its legal or public duty | Public official, body, corporation, lower court or government; NOT against a private person, the President, Governors, or for a discretionary duty |
| Prohibition | "to forbid" | Stop a lower court or tribunal from exceeding its jurisdiction (issued before the act) | Judicial and quasi-judicial bodies only |
| Certiorari | "to be certified / informed" | Quash an order already passed by a lower court or transfer a pending case (after the act) | Judicial and quasi-judicial bodies; after a 1991 ruling also administrative authorities |
| Quo Warranto | "by what authority" | Question the legal right of a person to hold a public office | Any person holding a public office created by statute or the Constitution |
| Pair | Difference |
|---|---|
| Prohibition vs Certiorari | Prohibition is preventive (before judgment); Certiorari is curative (after judgment) |
| Article 32 vs Article 226 | Article 32 is a Fundamental Right and limited to enforcing Fundamental Rights; Article 226 is a constitutional (not fundamental) right and is wider, covering other legal rights too |
| Habeas Corpus and Quo Warranto | Can be sought by any person, not only the aggrieved person |
| Mandamus | Cannot be issued against the President or Governors, or to enforce a private contract |