logo
WRIT JURISDICTION - Of Supreme Court
8th October 2021
blog

“The Supreme Court reiterated that a High Court cannot invoke its writ jurisdiction to adjudicate ‘hotly disputed questions of facts’.”


Writs are formal written order or legal documents issued by courts to an individual or an authority.
The five types of writs issued in India are Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto.
The Supreme Court can issue writs for the enforcement of any fundamental rights  under Article 32.

Mandamus
● The term Mandamus in Latin means ‘We Command’
● This can be issued against a public authority directing them to perform the public duties which they are bound to do but refused or failed to do so.

Certiorari
● The term Certiorari means ‘to be certified’ or ‘to be informed’.
● It is issued by the higher court to a lower court when the latter has passed an order beyond their power.
● This can also be issued against administrative authorities but not against legislative bodies and private individuals

Prohibition
● The term Prohibition means ‘to forbid’
● It is issued by the higher court to a lower court to prevent the latter from exceeding or usurping the jurisdiction
● This cannot be issued against administrative authorities, legislative bodies and private individuals

Quo Warranto
● The term Quo Warranto  means ‘by what warrant’
● It is issued by court to enquire the legality of claim of a person to a public office
● It can be issued only in case of a public office of permanent character created by statute or by Constitution.