Types of Writs – Indian Polity Laxmikanth Notes for UPSC Exam

Types of Writs – Indian Polity Laxmikanth Notes

Types of Writs – Indian Polity Laxmikanth Notes: Here we provide you Fundamental rights – Indian Polity Laxmikanth Notes, Laxmikanth plays important role in the UPSC examination. To read the full chapter from Laxmikanth is quite difficult, so we make small and effective Types of Writs – Indian Polity Laxmikanth Notes.

Types of Writs - Indian Polity Laxmikanth Notes

Types of writs

The supreme court (under article 32) and the high courts (under article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. The writs are borrowed from English law.

Supreme court and high courts differ in power with respect to writs

Supreme court

High court

Enforcement of ritz for fundamental rights onlyIt can be issued for fundamental rights and for other purposes i.e. other legal rights
It can be issued throughout the territory of IndiaIt can be issued within the territorial jurisdiction
Article 32 is used for this purpose which is a fundamental right. Supreme court may note refuse for this.It is exercised under article 226 therefore high court can refuse.

Habeas corpus

  • It is a Latin term that means to have the body of
  • It is an order which is issued by a court two-person to produce the detained person.
  • If the detention is found to be illegal the detained person is set to be free
  • Hey miss corpus can be issued against private individuals as well as public authorities
  • Exceptions: lawful detention

Also Read:


Mandamus

  • The literal meaning is we command
  • It is issued by a court to public officials to perform his duties.
  • It can be issued against corporations , public body and inferior courts

Prohibition

  • The literal meaning is to forbid
  • Issued by higher court to lower court
  • So that the latter should not exceed it’s jurisdiction
  • It is just a oppose it too mandamus. Mandamus directs for action where is prohibition prohibits the action.
  • It is issued against judicial and quasi judicial authorities and not available against private individuals or administrative authorities

Certiorari

  • The literal meaning is to be certified or to be informed
  • Issued by a higher court to lower courts
  • It should on the grounds of lack of jurisdiction or access jurisdiction
  • Issued against judicial and quasi-judicial authorities and administrative authorities
  • Not available against legislative bodies and private individuals

Quo warranto

  • The literal meaning is by what authority or warrant
  • It prevents illegal usurpation of public office by a person.
  • It cannot be issued in cases of ministerial office or private office.
  • Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.

Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies, and analogous forces. The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline among them.

Q: what is the difference between a national emergency and martial law?

National emergencyMartial law
Fundamental rights of individuals are impacted along with relationship of center and stateOnly fundamental rights are impacted
Government continuesGovernment is suspended
Reasons  war external aggression an armed rebellion :To restore the breakdown of law and order do you do any reason
Imposed over the entire country or a part of itImposed over specific area of the country
Explicit provisions exist in the constitutionNo specific provisions
  • The martial law concept is taken from the English common law
  • It simply means military rule where does civil administration is run by military authorities
  • It is implicit in article 34 of the constitution



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