Writs—Types and Scope
The Constitution empowers the Supreme Court and High Courts to issue writs as a means of enforcing Fundamental Rights. There are five main types of writs:
- Habeas Corpus: Protects against unlawful detention by requiring a detainee to be brought before a court.
- Mandamus: Orders a public official or authority to perform a duty that is mandated by law.
- Prohibition: Restrains lower courts or authorities from acting beyond their jurisdiction.
- Certiorari: Reviews the legality of a decision or order passed by a lower court.
- Quo Warranto: Challenges the legal authority of a person holding a public office.
These writs are critical instruments in ensuring that the state remains accountable and that Fundamental Rights are not violated by arbitrary or unlawful actions.