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NehalMemberMay 28, 2021 at 11:41 am::
A Writ means is an order that’s issued under an authority (supreme court) is understood as a writ. The Constitution of India empowers the Supreme Court and therefore the High Courts to issue Writs for the enforcement of the fundamental rights conferred by the Part-III of the Indian Constitution under Article 32 and Article 226. Writs can also be used to direct other lower courts or public authorities to try to do something or to not do something.
Habeas Corpus is a Latin term, which accurately means “You should have the body”. The writ is issued to produce an individual before a Court who has been detained or imprisoned and not produced before the magistrate within 24 hours whether in prison or private custody and would release the person if such detention is found illegal.
Mandamus artistic signifies “we order”. A writ gave by a predominant court commanding the exhibition of a predefined official act or duty. It cannot be given to constrain an edge to accomplish something against the legal arrangement. as an example, it cannot be used to compel an inferior court to dismiss or approve applications that have been made, however assuming the court won’t manage without a doubt, a mandamus is often utilized to rearrange the court to steer on the applications. any individual – be it a person or a personal body can file for the court petition under the writ of mandamus.
Certiorari is a Latin word signified as ‘to inform’. In simple terms, one can issue the writ of certiorari when the subordinate courts or the quasi-judicial bodies act in. The absence of their jurisdiction, or Exceeds their jurisdiction or Fails to form use of their jurisdiction, or Exceeds their jurisdiction or Fails to form use of their jurisdiction.
Prohibition refers to “to forbid or to stop” and is popularly referred to as “Stay order”. The writ is issued by the Supreme Court or any high court when an inferior court or a quasi-judicial body tries to violate the powers vested in it, forbidding the last from proceeding with the procedures during a specific case. In India, prohibition is issued to guard the individual against arbitrary administrative actions. Prohibition doesn’t lie against an authority discharging executive functions but against an authority discharging judicial functions.
Prohibition refers “to forbid or to stop” and is famously referred to as “Stay order”. The writ is given by the Supreme Court or any supreme court when an inferior court or a semi-legal body attempts to abuse the forces vested in it, restricting the last from proceeding with the procedures during a specific case.
Quo warranto is a Latin expression, which means ” by what warrant’. The writ is given to limit a person from holding a position to which he isn’t entitled.