A writ is a direction issued by the Court, which is to be obeyed by the person or authority to whom it is issued. The Supreme Court of India may issue writ under Article 32 of the Constitution for enforcement of fundamental rights and under Article 139 enforcement of rights other than fundamental rights. High Court in the states may issue writs under Article 226.
Writ Petition means a petition seeking issuance of a writ. Pits in the first instance in the High Courts and the Supreme Court are writ petitions.
There are five types of writs. They are:
A writ of habeas corpus is issued to an authority or person to produce in court a person who is either missing or kept in illegal custody. Where the detention is found to be without authority of law, the Court may order compensation to the person illegally detained.
A writ of mandamus is a direction to an authority to either do or refrain from doing a particular act. For instance, a writ to the Police Department to to strictly enforce Traffic Rules under the Acts. For a mandamus to be issued, it must be shown:
a) That the authority was under obligation,
statutory or otherwise to act in a particular manner;
b) that the said authority failed in performing such obligation;
c) that such failure has resulted in some specific violation of a fundamental right of either the petitioner or an indeterminate class of persons.
A writ of certiorari is a direction to an authority to produce before the Court the records on the basis of which a decision under challenge in the writ petition has been taken. By looking into those records, the Court will examine whether the authority applied its mind to the relevant materials before it took the decision. If the Court finds that no reasonable person could come to the decision in question, it will set aside (quash) that decision and give a further direction to the authority to consider the matter afresh.
For instance, the permission given by an authority to operate a factory next to a hospital can be challenged by filing a petition asking for a writ of certiorari.
A writ of prohibition issues to prevent a judicial
authority subordinate to the High Court from exercising jurisdiction over a
matter pending before it. This could be on the ground that the authority lacks
jurisdiction and further that prejudice would be caused if the authority
proceeds to decide the matter. Where the authority is found to be biased and
refuses to rescue, a writ of prohibition may issue.
A petition seeking a writ of quo warranto questions the legal basis and authority of a person appointed to public office. For instance, the appointment of a member of a Railway Board not qualified to hold the post can be questioned by a writ of quo warranto and appointment nullified if found to be illegal.
A writ of declaration issues to declare an executive, legislative or quasi- judicial act to be invalid in law. For instance, a court could declare S. 81 of the Mental Health Act, 1987 that permits use of mentally ill patients for experimentation to be violative of the fundamental rights of the mentally ill and therefore illegal and void. A petition seeking such declaratory relief must also necessarily seek certain consequential relief. For instance, immediate discontinuance of the illegal practice and appropriate remedial compensation.
These apart, a writ petition could seek other writs, orders and directions which the Court may fashion in response to the facts placed before it.
A Writ Petition can be filed in the Supreme Court of India under Article 32 or High Court of the state under Article 226, through a Counsel, according to the type of Writ. Format of writ petition is available in the Web site of Supreme Court of India and High Court. First of all the type of writ should be desired. writ should be prepared in precise form with main points.
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