Writ Jurisdiction of High Court

The High Court issues writs for enforcement of fundamental rights

of the citizen under Article 226 of the Constitution of India. No

other court in a State can issue writs. There are 5 types of writs

provided for in the Constitution of India:

a. Writ of Habeas Corpus:

This writ is issued asking for producing a detained

person before it to know the reason for his detention. This writ is

usually issued when an arrested person has not been produced

before the Magistrate within 24 hours of his arrest as mandated by

the Criminal Procedure Code, 1973. If there is no legal justification

for the imprisonment, the Court has the power to set the person

free.

b. Writ of Mandamus:
This writ is issued directing a public authority to

perform a legal duty which he has not performed.

c. Writ of Prohibition:

It prohibits a subordinate court from overstepping its

jurisdiction. This is issued before delivery of the judgment.

d. Writ of Certiorari:

This writ is issued to quash the order given by a

subordinate court by overstepping its jurisdiction. This is issued

only after the judgment has been delivered.

e. Writ of Quo Warranto:

This writ is issued against the usurpation of a public

office. The court enquires into the legality of the claim of a person

to a public office. He can be removed from office if his claim is

not well founded.