Against Whom Writs can be Issued?
Some common entities against whom writs can be issued includes:
- Government authorities or public officials: Generally, fundamental rights are enforceable against the ‘State‘ and the term ‘State‘ has been defined in Article 12. Therefore, authorities falling within the scope of Article 12 are amenable to the writ jurisdiction of the Supreme Court.
- Private individuals: Certain fundamental rights like those mentioned in Articles 17, 23, and 24 which are also available against private individuals. In such cases, the writ can be issued to private individuals as well. [People’s Union of Democratic Rights v. Union of India]
- Lower Courts or Tribunals: Writs like certiorari and prohibition can be issued against lower courts or tribunals if their decisions are found to be erroneous, without jurisdiction, or violating the principles of natural justice.
- Quasi-Judicial Bodies: Writs can be directed at quasi-judicial bodies if they are acting beyond their legal jurisdiction.
To understand the Writs first we have to know where it is mentioned and what it is the purpose of writs to be in the Indian Constitution. The term Writ is used in Article 32 and Article 226 of the Indian Constitution.
Types of Writs in Indian Constitution with Questions and Answers and MCQs
The jurisdiction of five types of writs is derived from Article 32 and Article 226 of the Indian Constitution, which empowers the Supreme Court and High Courts, respectively, to issue writs for the enforcement of fundamental rights and other legal purposes. Writs in the Indian Constitution constitute written directives issued by the Court, providing constitutional remedies to Indian citizens in case their basic rights are violated. The Indian Constitution provides five types of writs i.e. Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. Here we discussed the types of writs in the Indian Constitution.
Table of Content
- What is the Writ in the Indian Constitution?
- Five Types of Writs in India Constitution
- Writ of Mandamus
- Writ of Habeas Corpus
- Writ of Prohibition
- Writ of Certiorari
- Writ of Quo-Warranto
- What are Article 32 and Article 226?
- Against Whom Writs can be Issued?
- Difference Between Writ Jurisdiction of Supreme Court Vs. High Court
- MCQs or Quiz on Writs of Indian Constitution
- Questions and Answers on Five Types of Writs of Indian Constitution
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