Cheatsheet
Constitutional Writs & Fundamental Rights (Articles 32 & 226)
Constitutional Law
Constitutional Law
Constitutional Writs & Fundamental Rights (Articles 32 & 226)From The Constitution of India
Visual 1-page comparative summary of the 5 extraordinary constitutional prerogative writs in India: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
5 steps · 2 deadlines
Step by step
- 1
Habeas Corpus ('Have the body')
Issued against public authorities or private individuals who illegally detain a person without authority of law. Demands immediate release of the detainee.
- 2
Mandamus ('We Command')
Issued to command any public authority, tribunal, or government agency to perform a mandatory statutory/public duty they have failed or refused to perform.
- 3
Prohibition ('To Forbid')
Issued by a superior court to a subordinate court or quasi-judicial tribunal to prevent it from exceeding its jurisdiction or usurping authority before final order.
- 4
Certiorari ('To be certified')
Issued to quash an order already passed by a lower judicial or quasi-judicial body on grounds of excess of jurisdiction, lack of jurisdiction, or violation of natural justice.
- 5
Quo Warranto ('By what authority')
Issued to inquire into the legality of a person holding a substantive public office created by statute/Constitution. Ousts usurpers who lack requisite qualifications.
Deadlines
Article 32 Nature
Fundamental right itself (Basic structure of Constitution; cannot be suspended except under Art. 359)
Article 226 Nature
Constitutional discretionary power for any legal right (wider than Art. 32)
Sections at a glance
| Subject | Provision |
|---|---|
| Remedies for enforcement of Part III rights | Article 32 → |
| Power of High Courts to issue certain writs | Article 226 → |
| Special Leave Petition | Article 136 → |