Writ
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
A writ is a formal court order telling an authority to do something or not to do something. In India, the Supreme Court issues writs under Article 32 and High Courts under Article 226. There are five types: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Writs matter because they let people enforce their fundamental rights quickly. That is why Ambedkar called Article 32 the "heart and soul" of the Constitution.
Example
If someone is detained unlawfully, a writ of habeas corpus ("to have the body") orders that the person be brought before the court and freed if the detention is illegal. In ADM Jabalpur (1976), during the Emergency, the Court allowed even this writ to be suspended. Puttaswamy (2017) overruled that judgment.
Don't confuse with
- Art. 32 vs Art. 226 writs: under Art. 32, the Supreme Court issues writs only to enforce fundamental rights, and this power is itself a fundamental right. A High Court's writ power under Art. 226 is wider: it covers fundamental rights "and any other purpose", but the court may choose to refuse.
Related concepts
- Right to constitutional remedies
- Habeas corpus
- Mandamus
- Writ of prohibition
- Certiorari
- Quo warranto
- Writ jurisdiction of High Courts
- Compensatory jurisprudence