Constitutional writs

If you are a novice here then make sure to read part-1.

In the part-1 of “soul heart of Indian constitution” we have discussed that our fundamental rights and about Article 32 and about Habeas Corpus and about mandamus. 

And also we have discussed their importance in our society regarding our fundamental rights. 

Now we will analyze the remaining constitutional writs mentioned in the earlier post they are certiorari, prohibition, and quo warranto. 

 ABOUT PROHIBITION

Here, the prohibition and certiorari seems to be similar but they are different in the following way

The prohibition writ is issued by the supreme court or any High Court, to any lower court such as Tribunals, judicial offices. 

Prohibition refers to “to forbid Or to stop” And is popularly known as “stay order”

It is issued for the following reasons. 

1.if they exceed their jurisdiction level. 

2.if they are against Natural justice. 

In India prohibition is issued to protect the individual from arbitrary administrator actions. 

It can’t be issued against any administrative authority legislative, private individual bodies. 

ABOUT CERTIORARI

It is a Latin, word meaning “to inform or to certified”.

It is issued by a Higher Court to a Lower court like tribunals or judicial offices. 

This writ is issued in the following cases, 

1.Transfer a case pending in Lower court to High Court

2.Squash the order of the Lower court. Because of this, it is an excess of Jurisdiction or error of law. 

3.This writ can be issued against administrative authorities, judicial bodies, or quasi bodies. 

4.This writ can’t be issued against private individuals or legislative bodies. 

5.Violation of principles of natural justice. 

6.Lack of jurisdiction in the lower courts. 

7.Abuse of jurisdiction, by the lower   courts. 

Basically higher courts are asking lower courts to certify how it is dealing with the cases pending. 

Prohibition is only preventive but certiorari is preventive as well as curative. 

Certiorari is issued only after the announcement of the decision. whereas prohibition is issued during pending .

QUO WARRANTO

For instance, you are an employee working in your company and your colleague illegally came to the post or he doesn’t have the qualification for the post.then what will you do….??

in the same way in our society, if there are legal candidates constituted to a post or if they don’t have the qualification to the post.

Then by using this writ we can expel that officer. 

It is a Latin word that means “what authority/warrant”. 

It can be issued against officers created by the constitution body such as advocate general, speaker of Legislative Assembly members of local government university and teachers, and many more but only those who are elected by public authorities. 

It can’t be issued against private authorities. 

Generally, this writ is used to inquire into the reality of the claim of a person. 

It also restrains the person from acting in an office to which he or she is not entitled to. 

So it prevents the illegal usurpation of public posts by service. 

CONCLUSION OF WRITS

For effective working of these principles and goals in real life and to prevent misuse of these rights and liberties the judiciary was constituted in the Constitution. 

The constitutional remedies provided under the law acts as a check and balance for the whole system. Thus, the writ jurisdictions act as judicial restraints of policy decisions that are unreasonable, unfair, and against the public interest. 

So everything which acts as a hindrance to illegal things. These kinds of things are very important for a country like India. 

So let’s hope for the future. 

Now you say is it good/bad to have. 

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