Habeas Corpus
It literally means ‘to have the body’.
By issuing such a writ, the court can order that a person who has been
imprisoned or detained to be brought before it and enquire under what
authority he has been imprisoned or detained. Nobody can be deprived of
his right to remain free either by the state or by any group or
individuals without being assigned a
lawful
order. Generally, the writ of habeas corpus is applied only after a
person has been arrested. However, in exceptional cases, it may be
granted even when detention is threatened or not yet to be carried out.
The Constitution of India mentions habeas corpus in Articles 32 and 226.
Mandamus
It literally means a ‘command’ issued by the court to any public or quasi-public legal body that
has refused to perform its legal duty. It is an order by a superior
court commanding a person or a public authority to do or forbear to do
something in the nature of public duty. In India, this writ lies not
only against the officers or other persons who are bound to do public
duty but also against the government itself. The writ is also available
against inferior courts or other judicial bodies when they refuse to
exercise their jurisdiction, and thus, to perform their duties. The
mandamus may not be granted against the President, the Governor and the
private individual or body (incorporated or not), except where the state
is in collusion with such private party in the matter of contravention
of any provision of the Constitution.
Prohibition
It is
issued by a superior court to an inferior court preventing it from
dealing with a matter over which it has no jurisdiction. The object of
the writ is to compel inferior courts to keep themselves within the
limits of their jurisdiction. The writ of prohibition differs from the
mandamus in that while mandamus commands activity, prohibition commands
inactivity. Further, mandamus is available not against administrative
authorities, prohibition, as well as certiorari, are issued against
administrative and quasi-judicial authorities.
Certiorari
It is a
writ issued by a superior court to an inferior court or body exercising
judicial or quasi-judicial powers to remove a suit and adjudicate upon
the validity of the proceedings or body exercising judicial or
quasi-judicial functions. In India, certiorari would be available even
against administrative bodies not having quasi-judicial obligations, if
they affect the rights of individuals, without conforming to the
principles of ‘fair play’. The object of the writ of certiorari is to
get rid of a decision that is vitiated by a defect or jurisdiction or a
denial of the basic principles of justice – not substitute a right
determination for a wrong one.
Quo Warranto
It is
an order issued by the court to prevent a person from holding office to
which he is not entitled and to oust him from that office. It is a
powerful instrument for safeguarding against the usurpation of public
offices. The fundamental basis of the proceeding of quo warranto is that
the public has an interest in seeing that an unlawful claimant does not
usurp public office. Quo warranto is a discretionary remedy that the
court may grant or refuse according to the facts and circumstances of
each case. However, the court may refuse it where the application was
actuated by ill-will or malice, or ulterior motive.
The conditions necessary for the issue of writ are:
(i) The office must be public and it must be created by a statute or by the constitution itself;
(ii)
The office must be a substantive one and not merely the function or
employment of a servant at the will and during the pleasure of another;
and
(iii)
There has been a contravention of the Constitution, a statute or
statutory instrument, in appointing such a person to that office.
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