The five writs (Article 32 & 226)
Under Article 32 the Supreme Court, and under Article 226 the High Courts, can issue five writs to enforce rights. Knowing which writ fits which situation is a recurring exam question.
| Writ | Literally | Issued to | When it's used |
|---|---|---|---|
| Habeas Corpus | ‘to have the body’ | Any authority or private person | To produce a detained person and test if the detention is lawful |
| Mandamus | ‘we command’ | A public authority (not a private person) | To compel it to perform a public duty it has failed to do |
| Prohibition | ‘to forbid’ | A lower court or tribunal | To stop it from exceeding its jurisdiction — issued while the case is pending |
| Certiorari | ‘to be certified’ | A lower court or tribunal | To quash an order already passed without jurisdiction or against natural justice |
| Quo Warranto | ‘by what authority’ | A person holding a public office | To question their right to hold that office |
Exam tip: Habeas Corpus can run against a private person; Mandamus and Quo Warranto cannot.
Read the provisions