Writ Petition

A writ petition is the constitutional mechanism for seeking judicial intervention against violations of fundamental rights or illegal actions by the State. The Constitution of India provides for five types of writs that can be issued by the Supreme Court (Article 32) and High Courts (Article 226).

The five types of writs are:

1. Habeas Corpus (You shall have the body): Issued to produce a detained person before the court to examine the legality of detention. Used against illegal detention or imprisonment.

2. Mandamus (We command): Directs a public authority to perform a public duty. Cannot be issued against private persons or where duty is discretionary.

3. Certiorari (To be certified): Issued to quash orders of lower courts, tribunals, or quasi-judicial authorities that have acted without jurisdiction or in violation of natural justice.

4. Prohibition (To forbid): Issued to prevent lower courts or tribunals from exceeding their jurisdiction or acting contrary to law. Issued before proceedings conclude.

5. Quo Warranto (By what authority): Challenges the legality of a person holding a public office. Tests whether the holder has valid authority to occupy the position.

Article 32 is a fundamental right itself (Right to Constitutional Remedies), making the Supreme Court the guarantor of Fundamental Rights. Article 226 confers wider powers on High Courts, allowing writs for enforcement of both fundamental and legal rights.

The distinction: Under Article 32, writs can only be issued for violation of Fundamental Rights; under Article 226, writs can be issued for any legal right including Fundamental Rights.