Types Of Writs in tamil |Writ Petition in Indian Constitution |Article 32 of Constitution|MASKMOONJI - In this video we clearly explains writs in indian constitution and its types of writes in tamil
A Writ means a command of the Court to another person or authority by which such person/authority has to act or abstain from acting in a certain way. Thus, writs are a very essential part of the judicial power of the Courts.
Writs in the Constitution
In India, the constitution has provided the Supreme Court with the power to issue the Writ under Article 32 of the Constitution. Under Article 32, when any Fundamental Right of a citizen is violated, that person has the right to directly approach the Supreme Court for the enforcement of his rights and the Court can issue the appropriate Writ for enforcing such right.
The power to issue Writs are also provided to the High Courts of India under Article 226. While citizens can approach the Supreme Court only when his Fundamental Right is infringed, the citizens also have the right to approach the High Court for the issue of Writs in other matters in which the fundamental rights are not violated. For e.g. in the case of Smt. Imtiaz Bano vs Masood Ahmad Jafri And Ors. a mother had filed a writ petition for habeas corpus under Article 226 to get custody of her 2 children. The High Court allowed the petition and the writ was issued in her favour. Thus, the scope of the power to issue Writs is wider in the case of High Courts as compared to the Supreme Court.
Illustration: A is an Indian citizen whose Fundamental Right has been violated. Here A has the Right to either approach the Supreme Court or the High Court for enforcing his right. But if there is a violation of A’s right which is not a Fundamental Right then, he only has the right to approach the High Court under Article 226.
Therefore, a citizen has the right to approach either the Supreme Court or the High Court for issue of writs but if he chooses to approach any of the Court and his suit is dismissed by the court, the citizen cannot file the same suit in the other Court because in India, the principle of res judicata is being followed which means that a second case cannot be filed for the same cause of action. But if a person files the case in the High Court and the High Court does not decide in his favour, he has the right to appeal against the decision in the Supreme Court.
Types of Writs
The Indian Constitution provides 5 types of writs which can be issued by the Courts. They are:
Habeas Corpus
Mandamus
Certiorari
Quo Warranto
Prohibition
Habeas Corpus
The Writ of Habeas Corpus is issued by the Courts in those cases where a person is illegally detained. Habeas Corpus means ‘to have the body’ and it is one of the most effective remedies available to a person detained.
By this Writ, the Court commands the person or authority who has detained or restrained another person to present such person before the Court. The Court requires the detaining person to provide the grounds on which the person has been detained and if he fails to provide a valid ground, the person who has been detained will be released by the Court immediately.
Illustration: A is wrongfully detained by B, a police officer. A writes to the High Court regarding the same. The High Court summons B with A and asks the grounds for detaining A. If B fails to provide a valid ground or justification for A’s detention, A will be free to go.
This Writ is very important for the personal liberty of the citizens because if this Writ is not provided by the Constitution a person can be unlawfully restrained or detained by any authority and it will be a clear violation of the personal liberty of the citizens.
Even though the purpose this Writ is to prevent a person from being detained but it will be applicable only when the detention or restraint is unlawful. If the Court finds the grounds for detaining to be justified then this Writ cannot be issued. Also, if the Court orders the detention of a person then it does not amount to unlawful detention and this Writ cannot be issued.
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