Information about Writ, Writ Appeal, First Appeal, Second Appeal, Interim (Writ of Mandamus, Habeas Corpus, Prohibition, Certiorari, Quo-Warranto)

The meaning of the word 'Writs' means command in writing in the name of the Court. It is a legal document issued by the court that orders a person or entity to perform a specific act or to cease performing a specific action or deed. Writs are drafted by courts or other entities with jurisdictional or legal power. Warrants and subpoenas are two common types of writs.

Writs
Habeas Corpus- To have a body. Most powerful and most used writ
Mandamus- We command.
Certiorari– to be certified.
Prohibition– to forbid.
Quo Warranto– by what authority

So that a petition for writ of habeas corpus under Article 226 can of course be filed by the person in detention or custody, and it can also be filed, on his behalf, by a friend or relation for this reason that such a person is in a position to make an affidavit that the detenu himself is not able to move in the matter.

Whenever a public officer or government has done some act which violates the fundamental right of a person, the Court would issue a writ of mandamus, restraining the public officer or government from enforcing that order or doing that act against the person whose fundamental right has been violated.

A writ of certiorari is a legal document requesting that a higher court review a case after it's tried in a lower court. The Supreme Court uses a writ of certiorari for most of the cases it hears.

The writ of prohibition literally means 'to forbid'. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike the mandamus that directs activity, prohibition directs inactivity.

In the literal sense, quo-warranto means 'by what authority or warrant'. It is issued by the court to enquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.

A writ petition can be filed by any individual in the Supreme Court when Fundamental Rights have been violated by the State whereas a writ petition can be filed in the High Court when Fundamental Rights or any other rights have been violated by the State.

These writs are designed to prevent the excess of power by public authorities . Formerly these writs were issued only to judicial and quasi-judicial bodies. Certiorari and Prohibition are regarded as general remedies for the judicial control of both quasi judicial and administrative decisions affecting rights.

A writ is a formal written order by the court to an individual, organization, or the state. They command the constitutional remedies against the violation of people's fundamental rights.

The Supreme Court and the high courts have the authority to issue writs of habeas corpus, mandamus, prohibition, certiorari, and quo-warranto under Article 32.

So that a petition for writ of habeas corpus under Article 226 can of course be filed by the person in detention or custody, and it can also be filed, on his behalf, by a friend or relation for this reason that such a person is in a position to make an affidavit that the detenu himself is not able to move in the matter.

"There is no period of limitation prescribed by any law for filing the writ petition under Article 226 of the Constitution.

However, a writ petition can be rejected due to many reasons such as- not filing in due time, no substantial question of law is involved or alternative remedies are there.

There is no period of limitation provided for filing a writ petition under Article 226 of the Constitution of India.

A writ is an instrument or order of the court by which the Court (Supreme Court or High Courts) directs an individual or an official or authority to do an act or abstain from doing an act. A person seeking such an order can file a petition in the respective court which is known as a writ petition.

The Supreme Court shall have power to issue directions or orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of the rights conferred by this Part.