All that you need to know about WRITS u/A 32 โ๏ธ
(This thread will teach you writs with current affair examples)
Save this thread to your notes for revising it later!๐๐งต (1/13)
(This thread will teach you writs with current affair examples)
Save this thread to your notes for revising it later!๐๐งต (1/13)
First, there are 5 writs. You can remember them via mnemonic in this tweet (2/13)
Next, what do these mean?
Let us take them up one by one as per the mnemonic we learnt in the previous tweet. (3/13)
Let us take them up one by one as per the mnemonic we learnt in the previous tweet. (3/13)
1. Mandamus
- "We Command"
- A command by court to perform duties that have been refused to perform!
- This writ 'demands action' ie activity ๐
- issues against public official/body/corporation
- can't be issued against a Pvt individual/body (4/13)
- "We Command"
- A command by court to perform duties that have been refused to perform!
- This writ 'demands action' ie activity ๐
- issues against public official/body/corporation
- can't be issued against a Pvt individual/body (4/13)
eg: A victim gets their complain for FIR rejected. They can move SC/HC seeking 'action' of having an FIR registered (if case is legit).
Here, police will have to 'perform duty that have been refused to perform' (5/13)
Here, police will have to 'perform duty that have been refused to perform' (5/13)
2. Prohibition
- "We prohibit"
- Prohibition of action by officers of lower court in cases which do not fall in their jurisdiction or against rule of natural justice
- 'demands inactivity'๐ง
- Issued ONLY against judicial/quasi-judicial authority (6/13)
- "We prohibit"
- Prohibition of action by officers of lower court in cases which do not fall in their jurisdiction or against rule of natural justice
- 'demands inactivity'๐ง
- Issued ONLY against judicial/quasi-judicial authority (6/13)
eg: Say, a judicial officer with personal interest in the case might have their bias impact the decision (and principles of natural justice)
HC/SC can issue a Prohibition on their suspension/removal from that case (7/13)
HC/SC can issue a Prohibition on their suspension/removal from that case (7/13)
3. Certiorari
- "We certify"
- certification to move a case from inferior to superior court
- this is a 'curative writ' ie when higher court believes lower court either did not have jurisdiction in the case or committed legal error (8/13)
- "We certify"
- certification to move a case from inferior to superior court
- this is a 'curative writ' ie when higher court believes lower court either did not have jurisdiction in the case or committed legal error (8/13)
eg: Famous Roe v/s Wade case of 1973 had been decided after grant of certiorari against a lower court order (which was recently revisited) (9/13)
4. Habeus Corpus
- "To have the body of"
- directs physical presence of detained before court
- can be against pvt/public body/individual
- Issued when detained
- not produced before magistrate in 24 hrs
- for no violation of law or unconstitutional law
- with malintent 10/13
- "To have the body of"
- directs physical presence of detained before court
- can be against pvt/public body/individual
- Issued when detained
- not produced before magistrate in 24 hrs
- for no violation of law or unconstitutional law
- with malintent 10/13
eg:
- ADM Jabalpur v. Shivkant Shukla is a famous case of Habeus Corpus
- Sitaram Yechury filed Habeus Corpus in SC against detention of CPI (M) leader M Y Tarigami post abrogation of Article 370 (11/13)
- ADM Jabalpur v. Shivkant Shukla is a famous case of Habeus Corpus
- Sitaram Yechury filed Habeus Corpus in SC against detention of CPI (M) leader M Y Tarigami post abrogation of Article 370 (11/13)
5. Quo Warranto
- "by what warrant?"
- enquires legality of claim of person/public office
- prevents an officer to act in an office in which they are not entitled to
- only against public individual/body (12/13)
- "by what warrant?"
- enquires legality of claim of person/public office
- prevents an officer to act in an office in which they are not entitled to
- only against public individual/body (12/13)
eg: during COVID19, civil defense volunteers (CDV) were deployed in streets of Delhi. At a few places, the cases of collecting challan by them was brought to news.
Since the power to issue challan is with police, one could go to SC u/ Quo Warranto against CDV (13/13)
Since the power to issue challan is with police, one could go to SC u/ Quo Warranto against CDV (13/13)
You can also find this thread in one place on my blog. Visit ๐csewhy.substack.com
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