Writs Under Article 32/226: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
Indian Polity › Fundamental Rights · Topic 6.10
The Supreme Court (Article 32) and high courts (Article 226) can issue five writs borrowed from English law: habeas corpus, mandamus, prohibition, certiorari and quo-warranto. Each has its own purpose and limits.
5 min read · UPSC Prelims · Polity · Fundamental Rights
At a Glance
- What it is The five prerogative writs the Supreme Court and high courts issue to enforce rights
- Articles Article 32 (Supreme Court) and Article 226 (high courts)
- Origin Borrowed from English law, where they are called prerogative writs
- Five writs Habeas corpus, mandamus, prohibition, certiorari, quo-warranto
- Exam link UPSC Prelims, Polity: Fundamental Rights
Where Does It Fit?
This is the tenth topic of the category on Fundamental Rights. Article 32 and Article 226 name five writs. This topic explains the meaning, use and limits of each, and who can issue them.
Who Can Issue Writs?
The Supreme Court under Article 32 and the high courts under Article 226 can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto. Parliament can empower any other court to issue them, but no such provision has been made, so only the Supreme Court and the high courts can. Before 1950 only the high courts of Calcutta, Bombay and Madras had this power; Article 226 now empowers all high courts.
The writs are borrowed from English law, where they are called prerogative writs because they were issued in the exercise of the prerogative of the King, described as the fountain of justice. Later the high court started issuing them as extraordinary remedies to uphold the rights and liberties of the British people. In India they are the practical tools through which a person approaches the courts for enforcement of rights.
The Five Writs at a Glance
| Writ | Literal meaning | What it does | Limits |
|---|---|---|---|
| Habeas corpus | To have the body of | Orders a person who has detained another to produce the body before the court; the court frees the person if the detention is illegal | Not issued where detention is lawful, for contempt of a legislature or court, by a competent court, or outside the court’s jurisdiction |
| Mandamus | We command | Commands a public official, public body, corporation, inferior court, tribunal or government to perform a duty it failed or refused to perform | Not against a private person, for departmental instructions without statutory force, for discretionary duty, for a contractual obligation, or against the President or Governors |
| Prohibition | To forbid | A higher court tells a lower court or tribunal to stop exceeding or usurping jurisdiction; it directs inactivity | Only against judicial and quasi-judicial authorities, not administrative authorities |
| Certiorari | To be certified | A higher court quashes the order of a lower court or tribunal for excess or lack of jurisdiction | Originally only against judicial and quasi-judicial bodies; later extended to administrative authorities affecting rights |
| Quo-warranto | By what authority | Enquires into the legality of a person’s claim to a public office and prevents illegal usurpation | Only for a substantive public office of a permanent character created by statute or the Constitution, not ministerial or private office |
Prohibition and Certiorari Compared
Both are jurisdictional writs issued by a higher court to a lower court, but at different stages. Prohibition is issued before the final order, to stop the proceedings from continuing. Certiorari is issued after the final order, to quash it. Unlike mandamus, which directs activity, prohibition directs inactivity.
Habeas corpus can be issued against both public authorities and private individuals, and is a bulwark of individual liberty against arbitrary detention. Quo-warranto can be sought by any public-minded person and not only by the aggrieved person.
Supreme Court and High Court Writ Powers
The writ jurisdiction of the Supreme Court differs from that of a high court in three respects. The Court can issue writs only for Fundamental Rights, while a high court can issue them also for any other purpose, meaning an ordinary legal right. The Supreme Court can issue writs against a person or government throughout India, while a high court acts against persons or authorities within its territory, or outside if the cause of action arises within it. A remedy under Article 32 is itself a Fundamental Right and cannot be refused, whereas a remedy under Article 226 is discretionary.
Why Is This Topic Important?
- Five terms asked together The meaning and limits of each writ are repeated in Prelims
- Link to liberty Habeas corpus guards against arbitrary detention
- Basis for case studies Public interest litigation relies on writ powers
What Came Next?
The next topic covers Article 33, which lets Parliament restrict Fundamental Rights for the armed forces.
Key People and Terms
- Prerogative writ An extraordinary remedy from English law
- Detenu A person held in detention
- Quasi-judicial Bodies with a judicial-like function but not courts
- Usurpation Illegally taking over an office or jurisdiction
- Ministerial office An office of a routine, non-policy nature, outside quo-warranto
Exam Corner
Points to Remember
- Habeas corpus: produce the body; mandamus: we command; prohibition: forbid; certiorari: be certified; quo-warranto: by what authority.
- Prohibition is issued before the final order; certiorari after.
- Mandamus cannot be issued against the President or Governors.
- Quo-warranto can be sought by any public-minded person.
Do Not Confuse With
- Prohibition and certiorari Prohibition stops proceedings; certiorari quashes the final order
- Mandamus and prohibition Mandamus directs activity; prohibition directs inactivity
- Supreme Court and high court writs The high court can issue writs for any other purpose too
Memory Hook
Body, command, forbid, quash, authority: the five writs in order.
Mains Angle
Questions on this topic usually ask for the scope and limits of the writs. Use these points to add depth.
- Source and spread English prerogative writs extended to all high courts by Article 226
- Liberty protection Habeas corpus is a bulwark against arbitrary detention
- Jurisdictional control Prohibition and certiorari check lower courts and tribunals
- Public office Quo-warranto prevents illegal usurpation
A Question You May Face
An original practice question, not a past paper question.
“Explain the five writs and the limits on each. How does the writ power of the Supreme Court differ from that of a high court?”
How to Answer
- Introduction Articles 32 and 226 and English origin.
- Writs Meaning, use and limits of each.
- Courts compared Purpose, territory and nature of remedy.
- Conclusion Writs as tools to protect rights and check authority.
GS Relevance
Frequently Asked Questions
Which courts can issue writs in India?
The Supreme Court under Article 32 and the high courts under Article 226 can issue the five writs. Parliament can empower other courts, but it has not done so, so only the Supreme Court and the high courts issue writs.
What is habeas corpus?
Habeas corpus literally means to have the body of. A court orders a person who has detained another to produce the detainee, examines the legality of detention and frees the person if it is illegal. It can be issued against public authorities and private individuals.
When is mandamus not issued?
Mandamus is not issued against a private individual or body, to enforce a departmental instruction without statutory force, when the duty is discretionary, to enforce a contractual obligation, or against the President of India or state Governors.
What is the difference between prohibition and certiorari?
Both are issued by a higher court to a lower court on grounds of jurisdiction. Prohibition is issued before the final order to stop the proceedings; certiorari is issued after the final order to quash it.
What is quo-warranto?
Quo-warranto means by what authority. A court uses it to enquire into the legality of a person’s claim to a public office, only a substantive public office of a permanent character created by statute or the Constitution, and any public-minded person can seek it.
How do Supreme Court and high court writ powers differ?
The Supreme Court issues writs only for Fundamental Rights, across India, and the remedy is a Fundamental Right. A high court can issue writs for Fundamental Rights and other purposes within its territory, and its remedy is discretionary.
PYQ Practice — Statement Analysis
1 Prohibition is issued after the final order of a lower court.
Prohibition is issued before the final order; certiorari is issued after.
2 Mandamus can be issued against the President of India.
It cannot be issued against the President or Governors.
3 Habeas corpus can be issued against private individuals.
It can be issued against public authorities and private individuals.
4 Quo-warranto can be sought only by the aggrieved person.
Any public-minded person can seek it.
5 Only the Supreme Court and high courts can issue writs at present.
Parliament has not empowered any other court.
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