In India Article 32 and Article226 of Indian constitution mention about writs. Writs are constitutional remedies that can be issued by Supreme Court under Article 32 and by high court under Article 226. There are different types of writs that can be issued by high courts and the Supreme Court .In this paper researcher will we describing about different types of writs their meaning and case laws related to writs.

Introduction
Writs are order given by courts to uphold fundamental rights of people. These are writs issued by the high courts and Supreme court only. According to section 32[1] of Indian constitution a person can directly approach to Supreme Court for enforce of fundamental rights. Article 226 of Indian constitution provides the power to the high court's to issue writs and scope of section 226 is broad. Under Article 226 High courts not only issue writs to protect fundamental rights but also they can issue writes to protect other legal rights or for other purposes.[2]

There are remedies which are provided under Indian constitution to protect fundamental rights of citizens and they can be in form of warrants, Directions, Summons, etc. Dr.B.R Ambedkar describes Article 32 as Heart and Soul of Indian constitution. There are total five type of writs namely Habeas Corpus, Mandamus, Certiorari, Quo Warranto, Prohibition[3].

Writ of Habeas Corpus

It is a Latin word which mean 'to have the body'. One of the objectives behind this write is to remove a person from unlawful detention. In any case if courts found that a person is illegally detained, the order to set person free from illegal detention is issued.These write can be issues in following condition such as if the detain person is not presented before the magistrate within 24 hours of arrest. The arrest was made under a law which is unconstitutional in nature. The writ of Habeas Corpus can be obtained by the person himself or by any person on his\her behalf.[4]

The writs of Habeas Corpus cannot be issued in following cases:

• When the person on whom against the write is issued not followed within the jurisdiction of the court.
• To interfere with a proceeding for contempt by a court of record or by Parliament.
• To secure the release of a person who has been imprisoned by a court of law on a criminal charge.

Sunil Batra v. Delhi Adminstration (1980)[5]:
In this case it was clarified that this write is not only issued to prevent illegal detention but is also available for the prevention against indecent behavior during the period of detention.

Writ of Mandamus

Mandamus is again a Latin word which means 'We Command'. This write is issued by high courts or by Supreme Court against the public authority commanding them to perform a task or work which is their duty to perform.[6]This write is issued against Government, Public official, Lower courts, tribunals, and Public corporations and this write cannot be issued against private individuals, President, Governor and Chief Justice.

The court may issue mandamus:

• To compel any person to perform his public duty where duty is given him by constitution or a statute.
• To compel a court or judicial tribunal to exercise its jurisdiction when it has refused to exercise it.
• To direct a public official or the government not to expose a law which is unconstitutional.
• Mandamus will not be granted to the President or the Governor of the state and it does not lie against a private individual.

Suganmal v. State of M.P (1965)[7]
In this case apex court has clearly mentioned that if alternative legal remedy is available then writ of mandamus cannot be issued.

Writ of Prohibition

Prohibition means "to forbid". This write is issued by high court or by Supreme Court for preventing exceeding in jurisdiction of any court or commission, or tribunal and other officers who are involved in exercise of judicial powers affecting the rights of citizens. By this write high courts can keep supervises whether the inferior courts or tribunals have been acting within their jurisdiction and its conformity with the principle of natural justice.[8]

East India Commercial Co. Ltd. V Collector of Customs[9]
In this case it was said that this can only be issued by higher courts against lower courts or tribunals etc on the ground such as excess of jurisdiction or lack of jurisdiction.

Writ of Certiorari
It stands for "to certify". This write is issued by court if higher courts founds that lower court decision is beyond its authority. This write cannot be issued against law- making bodies and private individuals or organization. The write can be issued before a trial for preventing an excess or abuse of jurisdiction by inferior court or it can be issued after a trial for quashing an order which had been made without jurisdiction or in defiance of the rules of natural justice.[10]

K.K. Kochunni v. State of Kerala (1978)[11]
This case is related to validation of action of the state of Kerala in acquiring land for the construction of dam. The supreme court held that the action of the state of Kerala could be challenged by the way of writ of certiorari.

Writ of Quo Warranto

By this write court has authority to ask the holder of office by what authority he is holding the Public office and public office means any office in which some interest of public is known as Public offices. The fundamental purpose behind the writ of Quo Warranto is to ensure that the public has an interest to see that an unlawful claimant does not usurp a public office.[12]

Jamalpur Arya Samaj v D. Ram[13]
In this case it was held that the write of Quo Warranto cannot be issued against a private association.

Conclusion
These writs are powerful tools to protect the fundamental rights of citizens and ensuring that government authorities and public officials act within their powers. In India supreme court and High court have powers to issue writs not only to protect fundamental rights but also for other purposes. Each of the writs have their specific purpose to perform and it is designed to protect fundamental rights and safeguard the constitution of India. And these writs are having cruel part in the Indian constitution Article 32 and Article 226 of Indian constitution specifically talks about the writs and who and on which grounds these can be issued by courts.

Reference:

1. https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/writs
2. https://www.studyiq.com/articles/writs-in-indian-constitution/?
3. https://blog.ipleaders.in/writ/#Prohibition
4. https://www.nextias.com/blog/right-to-constitutional-remedies/
5. https://indiankanoon.org/doc/981147/
6. https://indiankanoon.org/doc/1712542/
7. https://www.freelaw.in/legalarticles/The-Writ-of-Quo-Warranto
8. https://byjus.com/ias-questions/what-is-a-writ-mandamus/

Book:

• ISC Political Science by K.K. Ghai

End-Notes:

• https://www.drishtiias.com/daily-news-analysis/article-32-of-the-constitution/print_manually
• https://www.drishtijudiciary.com/current-affairs/article-226-of-the-coi
• https://byjus.com/free-ias-prep/types-of-writs-in-india/
• https://blog.ipleaders.in/writ-habeas-corpus/
• Sunil Batra v. Delhi Adminstration 1980
• https://byjus.com/ias-questions/what-is-a-writ-mandamus/
• Suganmal v. State of M.P 1965
• https://blog.examarly.com/upsc/writ-of-prohibition-in-india/
• East India Commercial Co. Ltd. V Collector of Customs 1962 AIR 1893
• https://blog.ipleaders.in/all-you-need-to-know-about-the-writ-of-certiorari/
• K.k kochunni v State of Kerala (1978)
• https://www.freelaw.in/legalarticles/The-Writ-of-Quo-Warranto
• Jamalpur Arya Samaj v D. Ram AIR 1954 PATNA 297