The writ is an order of the court. It is the extraordinary power which can be exercised by the High court (under article226) and the Supreme Court (under article 32) to ensure the enforcement of fundamental rights.
There is a difference between the writ jurisdiction of the Supreme Court and High Court.
· Supreme Court can exercise its writ jurisdiction throughout the territory of India whereas the
The writ jurisdiction of the High court is limited to the territory of the place where it is located.
· Supreme Court under article 32 acts as a guarantor and protector of fundamental rights and so
Supreme Court cannot refuse to exercise the writ jurisdiction to protect the fundamental rights whereas the High Court under article 226, the power to exercise writ is discretionary.
There are five types of writs –
1. Habeas Corpus- It is a Latin word which means “to have the body”. This means when one person is detained by another person and the detention is illegal as to say not according to the
procedure established by law, then the court can order the detained person to set free. This writ can be issued against both Public and Private authorities.
2. Mandamus- means “to command”. The court commands the public official to perform his constitutional mandate duties which he didn’t perform or refused to perform.
3. Certiorari – means “to certify”. Higher courts issues this writ against the lower courts if they have not exercised its jurisdiction properly or have over-exercised the powers vested in them or if there is an error of law. In such cases, the higher court may transfer the case or quash the order.
4. Prohibition- means “to forbid”. This is also issued by higher courts to lower courts. Higher court forbids the lower court during the proceeding if higher courts find out that there is no jurisdiction or over-exercise its jurisdiction or there is an error law. Prohibition directs inactivity.
5. Quo-Warranto- means by “what authority “ . it is issued by the court to make an enquiry about the legality of the claim of a person to a public office. It helps in preventing the illegal possession of a public office by a person.
Public Interest Litigation (PIL)
Any concerned citizen or social organisation can move to the court for the enforcement of rights of any person or group of persons who because of their social and economic backwardness cannot by themselves approach the court for the remedy. The main point of PIL is that the public at large should be benefitted and not just individual.
PIL is an exemption to the traditional rule of “Locus standi” which states that the person whose rights are infringed can alone move to the court. PIL is entertained under Article 32 by Supreme Court which in itself is a fundamental right and under Article 226 by High court.
Categories in which PIL can be filled –
· Bonded labour matters
· Neglected children
· Petitions pertaining to environmental issues like pollution, disturbance of ecological balance and other matters of public importance
· Petitions of complains from jail
· Petition of complain from SC/ST/Other backward classes
· Petitions for protection of woman.
Where PIL cannot be filed-
· Land-lord tenant matters
· Any family disputes
· Petitions for early hearing of cases of High court and subordinate courts
· Admission to medical and other educational institutions
Basic difference between Writ and PIL
1. Writ can be filed by individual for personal benefit while PIL can be filed by any public spirited person for benefit of public at large.
2. Writ can be issued by Supreme Court under article 32 and by high court under article 266 whereas PIL is also under the above mentioned articles but PIL is a result of judicial activism of the courts.
3. In writ the rule of “ locus stand” is strictly followed but in PIL this rule is relaxed.
4. In writ the evidence is strictly followed but in PIL, the court should be prima facia satisfied with regarding the contents of petition for faster delivery of justice.
5. Filing writ is complicated and time consuming process. PIL is cheap and simplified.
© LegalRath holds the exclusive copyright on all the content of Kanoonjaano