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What is a writ and what is a writ petition?

A Writ Petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental right is violated.

The jurisdiction with the High Courts (Article 226) with regards to a writ petition is wider and extends to constitutional rights too.

Types of Writs

A writ of Habaes Corpus is used by the Courts to see if a person has been illegally detained. If yes, the court can order for his release. If a person has been illegally detained, he himself, a friend or even a relative can file a writ of Habeas Corpus.

Habeas Corpus means ‘Let us have the body’ (let us see the person who has been illegally detained).

A writ of Mandamus is issued by a Higher Court to a Lower Court, Tribunal or a Public Authority to perform an Act which such a Lower Court etc. is bound to perform. If a public official or a babu isn’t performing his duty the Court can order him to do that.

Mandamus means ‘We command’; (we command you to do this)

A writ of Prohibition, also known as a ‘stay order’ is issued to a Lower Court or a body to stop acting beyond its powers.

Through a writ of Certiorari is issued by the Supreme Court to a Lower Court or any other body to transfer the matter to itself.

The writ of Quo Warranto is issued to prevent a person from acting in a government office when he is not entitled.

Writ Petition: Tips from legalparlour

• A writ can be filed only if your fundamental rights are been violated.
• Generally, you can file a writ petition against state and government agencies.
• However, a Writ Petition can also be issued against private authorities when they were discharging public functions

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