Introduction
A writ petition is a formal written order from a court directing action or restraint, ensuring enforcement of fundamental and legal rights. Article 32 of the Constitution allows citizens to approach the Supreme Court for enforcement of rights, while Article 226 empowers High Courts on broader grounds. Writs include orders, warrants, and directions crucial to protecting justice.
Habeas Corpus
Meaning: "To have a body". Used to secure the release of a person unlawfully detained.
Requirements: Person must be detained; can be filed by the detainee, relative, or friend.
Case Example: Smt. Imtiaz Bano Vs. Masood Ahmad Jafri (AIR 1979 All 25).
Exception: Not granted for legal detention by competent order unless there is evident illegality.
Mandamus
Meaning: "We command". Directs public authorities to perform mandatory duties.
Requirements: Legal right violated, duty must be public and not discretionary, demand for performance made.
Case Example: All India Tea Trading Co. Vs. S.D.O. (AIR 1962 Ass 20).
Certiorari
Meaning: "To certify". Quashes orders of lower courts/tribunals acting without/above jurisdiction or violating legal principles.
Requirements: Must act judicially, order is beyond jurisdiction or error of law.
Case Example: State of U.P. Vs. Mohammed Noor (AIR 1958 SC 816).
Quo Warranto
Meaning: "By what warrant". Challenges the authority of a person unlawfully occupying a public office.
Requirements: Office must be public, person lacks authority to hold the office.
Case Example: University of Mysore Vs. Govind Rao (1965 AIR 491).
Prohibition
Meaning: "To forbid". Prevents lower courts or tribunals from exceeding their jurisdiction.
Requirements: Must be pending in an inferior court, only applies to judicial/quasi-judicial bodies.
Case Example: Govind Menon Vs. UOI (AIR 1967 SC 1893).