The Wrist Jurisdiction of the Supreme Court

The Writ Jurisdiction of the Supreme Court consist of  Hebeas corpus, Mandamus, Prohibition, Quo warranto and Certiorari

Writ of Habeas Corpus

A writ of Habeas Corpus is available in all cases of wrongful deprivation of personal liberty and the Constitutional Court can, at the instance of an interested person, command the production of the detenue in the Court. On enquiry , if the Court finds that there is no legal justification for the detention, the Court is also empowered to order release of the detenue. Normally, the person entitled to apply for hebeas corpus would be the person illegally detained, but if it is not possible for him to make an application, a relative or a friend or a person interested in the welfare of the detenue may make an application to the Court.

Writ of Mandamus

The Writ of Mandamus is a discretionary power of the Constitution Court, wherein the Court issues directions to a public authority to perform their statutory or governmental obligations. The Court issues the writs to prevent a disorder from a failure of justice. The existence of a right to the applicant and corresponding duty to the public authority is the primary concern of the Court, while issuing a writ of mandamus. A writ of mandamus will lie to compel the public officials or a public body to perform any public duty which they have failed to perform. For example, the authorities of a school can submit an application for affiliation to the Central Board of Secondary Education. For the Successful processing of the application, assume that

 ‘ No Objection Certificate’ issue by the state Government may be a pre-requisite.

Writ of Prohibition

When a public office is carrying out its function in a manner which is contrary to the law established , the Constitutional Court can issue a writ of prohibition to prevent it from proceeding further. When a local authority is carrying out its mining activities or excavations in violation of the right to life of the neighbouring people, the Court can issue a writ of prohibition preventing the authorities from proceeding with the activities of mining and excavation. Likewise, when a dispute is pending adjudication in the higher Court and a case relating to the same subject matter is also consideration in the Lower Court, the Supreme Court is empowered to issue a Writ of Prohibition, by withholding the proceedings pending consideration before the Lower Court.  

Writ of Quo Warranto

A Writ of Quo Warranto is a special and particularly a rare kind of writ, wherein the Court is empowered to examine whether a person holding a public office has been validly appointed and can issue a writ of quo warranto declaring the removal of such person form a public office. Any member of the public, who is acting in good faith, can apply for a writ of quo warranto seeking removal of a Minister or a Mayor, if they are holding the post, contrary to law.

Writ of Certiorari

Certiorari is a writ issued by the Constitutional Court, particularly in a situation when the Court feels an order or a proceeding of the public authority is not in accordance with the law and it is necessary to quash such an offending order or proceedings. A Writ of Certiorari will lie only against the orders or proceedings of the public officers, not against private persons. For example, when an officer of the Gram Panchayat declines to issue a license or reject the application to start an industry, by an order, the aggrieved person can apply for a writ of certiorari to quash the order declining the license or rejecting the application, on legal grounds. When a department of the Government rejects the application for scholarship for a deserving student, illegal reasons, the student can approach the Court, by making a petition to issue a writ of certiorari to quash the order rejecting the scholarship.