A Complete Guide to Writ in the Indian Constitution & Types

The Indian Constitution gives every citizen certain powerful legal tools to protect their rights—and one such tool is a writ. Writs are official court orders that act as a shield against injustice and help enforce fundamental rights.

Table of Contents

What is a Writ?

A writ is a formal written order issued by a court directing a person or authority to do something or stop doing something. It is a powerful remedy available to safeguard the rights of individuals, especially when someone’s fundamental rights are violated.

Where are Writs Mentioned in the Indian Constitution?

Writs are mentioned in two important Articles of the Indian Constitution:

Article 32 – This empowers the Supreme Court to issue writs for enforcement of fundamental rights.
Article 226 – This empowers the High Courts to issue writs not just for fundamental rights, but for other legal rights as well.

Dr. B.R. Ambedkar called Article 32 the “heart and soul of the Constitution” because it guarantees citizens the right to approach the Supreme Court directly if their rights are violated.

Who Can File a Writ Petition?

Anyone whose fundamental rights have been violated can file a writ petition.

Individuals
NGOs
Legal heirs or guardians (in case of minors)
Public Interest Litigants (PILs can be filed for someone else’s benefit)

You can file a writ petition directly in:

The Supreme Court under Article 32, or
The High Court under Article 226

Note: High Courts have wider powers because they can issue writs for both fundamental and other legal rights, like employment disputes or administrative actions.

5 Types of Writs in the Indian Constitution

There are five types of writs that can be issued by the courts in India. Each writ serves a specific purpose and have differences:

1. Habeas Corpus: “The body will be yours.”

This writ is issued when someone is unlawfully detained or arrested. It orders the authority to bring the person before the court and justify the detention.

Use case: Police detain a person without showing proper reason or FIR.
Goal: Protection of personal liberty

Anyone can file this writ—even a friend or relative of the detained person.

2. Mandamus – “We command”

Mandamus is used to order a public official or authority to do their duty if they are not performing it.

Use case: A government officer refuses to release your pension or process your application.
Goal: To ensure public duties are carried out properly.

Cannot be issued against:

Private individuals
President or Governors
Judges performing judicial functions

3. Certiorari – “To be informed”

Certiorari is issued by a higher court to a lower court or tribunal asking them to transfer a case or quash their decision if they acted beyond their authority or violated principles of natural justice.

Use case: A tribunal passes an order without giving you a chance to be heard.
Goal: Correction of wrongful jurisdiction or illegal decisions.

4. Prohibition – “To forbid”

This is the opposite of Certiorari. Prohibition is issued to a lower court or tribunal to stop them from proceeding with a case that they have no jurisdiction to handle.

Use case: A consumer court starts hearing a criminal case (which it legally can’t).
Goal: Prevent misuse of legal power before damage is done.

5. Quo Warranto – “By what authority?”

This writ challenges a person who is occupying a public office that they are not legally entitled to.

Use case: Someone is appointed as a government officer without meeting eligibility criteria.
Goal: Prevent illegal occupation of public offices.

Any concerned citizen can file this writ—even if they are not directly affected.

Key Differences: Article 32 vs Article 226 of Indian Constitution

The key differences in necessary to know out of 5 writs, which can be filed before High court or which to Hon’ble Supreme Court.

Feature	Article 32 (Supreme Court)	Article 226 (High Courts)
Purpose	Enforce Fundamental Rights	Enforce Fundamental + Other Rights
Mandatory/Discretionary	Mandatory	Discretionary
Type of Rights Covered	Only Fundamental Rights	Fundamental + Legal Rights
Territorial Jurisdiction	Whole of India	Within respective state/territory
Can be suspended during Emergency?	Yes	No

Importance of Writs

Protects personal freedom
Guards against misuse of power
Ensures public accountability
Allows citizens to access justice quickly
Can be used for Public Interest Litigation (PIL)

When Can a Writ Be Rejected?

Courts may reject a writ petition if:

The issue doesn’t involve fundamental or legal rights.
The petitioner has not approached lower authorities first.
The petition is based on false claims or lacks evidence.
An alternative legal remedy (like appeal) is available and not used.

Real-Life Examples of Writs

A person is detained during a protest without cause → Habeas Corpus
Government refuses to issue a license despite fulfilling all norms → Mandamus
A teacher is illegally appointed without qualifications → Quo Warranto
A tribunal gives an unfair judgment without hearing one side → Certiorari
A court begins hearing a case beyond its powers → Prohibition

Conclusion of Writ

Writs are a powerful shield of justice in our Constitution. They ensure that no citizen is helpless against the system, and that government authorities act within their limits.

Whether it’s unlawful detention, denial of rights, or misuse of public power—writs allow us to stand up and seek justice through the courts. Every Indian should know about these rights and use them responsibly when needed.

FAQs on Writ

1. What is a writ?

A writ is a court order that protects individual rights and ensures legal duties are fulfilled.

2. Where are writs mentioned in the Constitution?

Writs are mentioned in Article 32 (Supreme Court) and Article 226 (High Courts) of the Indian Constitution.

3. How many types of writs are there?

There are five types of writs – Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.

4. Can a writ be filed against private individuals?

Only Habeas Corpus (in special cases) can be used against private individuals. Others are mainly for public authorities.

5. What is the difference between Article 32 and Article 226?

Article 32 is for enforcing fundamental rights only through the Supreme Court. Article 226 allows High Courts to enforce both fundamental and legal rights.

6. What is Habeas Corpus used for?

To protect personal liberty when someone is illegally detained or arrested.

7. Can anyone file a writ petition?

Yes, anyone whose rights are violated—or even on behalf of someone else—can file a writ petition.

8. What is Quo Warranto?

It is a writ used to challenge someone’s right to hold a public office they are not qualified for.

9. Which writ stops a lower court from overstepping its powers?

Prohibition stops a court or tribunal from continuing with a case it has no authority to handle.

10. Is filing a writ expensive?

No, filing a writ petition is relatively affordable, and courts often help in genuine cases—especially for fundamental rights.

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