In this case, the aggrieved party appeals to a higher court to review and potentially overturn the decision. Mandamus, meaning “we command” in Latin, is a directive from a higher court to a lower authority, compelling the performance of a duty within its jurisdiction. It ensures the fulfillment of civic obligations and upholds private rights. If a public official neglects their duty, a writ of mandamus may be issued, instructing them to fulfill their responsibilities. Writs include habeas corpus, mandamus, prohibition, certiorari, and quo warranto. Each writ serves a specific purpose, such as releasing a person from unlawful detention (habeas corpus) or preventing a lower court from exceeding its jurisdiction (certiorari).

Interim relief

There are five types of writs—Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto—each serving a unique purpose. Understanding the specific nature of each writ is crucial before initiating the petition process. In democratic societies, the pursuit of justice and safeguarding Fundamental Rights are crucial. Writ petitions, as a potent legal tool, epitomize justice, accountability, and individual liberties within the legal framework.

1. By exercising such power their records and proceedings are brought under review and the sole object become to prevent abuse of law.
2. In comparison, post-trial petitions are more common and often aim to reduce prison sentences or void a conviction.
3. However, this statute of limitations is one of the biggest differences between state and federal requirements for filing a writ of habeas corpus.
4. It is immaterial if the authority against whom the writ petition is filed is within the territory or not.
5. Under Article 227 of the Constitution, the High Court can not issue a writ of certiorari.

As the name suggests, these rights are essential for individual development. So in order to protect these rights, we have five types of writs which a person can file before a High Court or the Supreme Court under Article 226 and Article 32 respectively. The application of the writ of Habeas Corpus can be filed by a prisoner who is detained and also by his/her friends or relatives. It is considered as a power that can force the court to address the officer who detained the prisoner. If the court finds that the officer is acting beyond his authority, then the court can order to release the prisoner.

For High courts

Writ of certiorari has been defined as one of the most effective and efficient remedies taken from common law. It is an order issued by the High Court to an inferior court or any authority exercising judicial or quasi-judicial functions. Where the proceedings of inferior courts are partly within the jurisdiction and partly without it, then the writ of prohibition will lie to the extent of excess of jurisdiction. In the given case an observation is given by the Supreme Court that writ of prohibition is an order directing inferior courts and tribunals to stop from proceeding therein on the ground that the  proceeding are taking place with excess jurisdiction or lack of jurisdiction. The petitioner had not even made his return and no demand for the tax could be made from him. With the issuing of the writ of “continuing mandamus” agencies perform their statutory duties.

Difference between Writ Jurisdiction of the High Court and Supreme Court

Writ of prohibition is issued to the court or any tribunal to bar them from doing something what they are about to do. This bar is applied whenever a subordinate court or tribunal hears the matter beyond their jurisdiction or on matters on which they have no jurisdiction. On the other hand, even if there is no such delay, and a prima facie triable issue as regards the availability of such relief on the merits of grounds like limitation is raised before the Court,  should ordinarily refuse to issue the writ of mandamus. Lastly, it is claimed the writ of habeas corpus can only be issued after the person is detained and not to prevent a person from getting arrested.

A writ petition is the initial legal action taken to address perceived injustices or rights violations, typically filed in the Supreme Court or High Court. It seeks the issuance of a writ to protect rights or challenge governmental actions. In contrast, a writ appeal arises when a party disagrees with the decision or order issued by a lower court in response to a writ petition, and it involves appealing to a higher court to review and potentially overturn the decision. Any individual, citizen, or even a legal entity can approach the courts seeking a writ if their fundamental rights are infringed by state action. Additionally, public interest litigations (PILs) allow concerned citizens or organizations to file writ petitions on behalf of those who are unable to approach the court themselves.

As any citizens apply for a writ of quo warranto, may not be having any personal interest in the matter, there meaning of writ petition he possesses the position of a relater. Earlier in England this writ was issued by the king or on his behalf against any person who claim or take any office, or privileges of The Crown. And later this writ was misused by the authorities that led to substitution in proceedings by way of information. Under this Article only, orders of both civil and criminal courts can be examined only in exceptional cases when their is continues miscarriage of justice has been occasioned. This case  in respect of the judgment given in Surya Dev Rai v Ram Chander Rai. “order given in that case was that an order of a civil court can be amended in a writ jurisdiction under Article 226”.

Writ petition can also be directly filed to the High Court without approaching the lower court first. It requires records of the proceedings of some cause shall be transmitted to superior court. Also can’t be issued against legislative bodies but there is no exception to that condition.