Writs in India

5 types of writs that can be issued by the Supreme Court (SC) and High Courts (HC) in India:

Types of Writs

1. *Habeas Corpus* (Latin for "you have the body"): A writ issued to ensure that a person is not detained unlawfully. It requires the detaining authority to produce the person before the court and justify the detention.

2. *Mandamus* (Latin for "we command"): A writ issued to direct a public authority or a public officer to perform a duty or to enforce a right.

3. *Certiorari* (Latin for "to be certified"): A writ issued to quash or set aside a decision or order of a lower court or tribunal.

4. *Prohibition*: A writ issued to prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to law.

5. *Quo Warranto* (Latin for "by what authority"): A writ issued to inquire into the authority of a person holding a public office.

Key Differences between Writs issued by HC and SC

*Jurisdiction*

- *High Court (HC)*: HC has jurisdiction to issue writs only within its territorial jurisdiction.

- *Supreme Court (SC)*: SC has jurisdiction to issue writs throughout India.

*Scope*

- *HC*: HC can issue writs only against authorities and persons within its territorial jurisdiction.

- *SC*: SC can issue writs against any authority or person in India.

*Appeal*

- *HC*: Decisions of HC on writ petitions can be appealed to the SC.

- *SC*: Decisions of SC on writ petitions are final and binding.

*Power to Issue Writs*

- *HC*: HC has the power to issue writs under Article 226 of the Constitution.

- *SC*: SC has the power to issue writs under Article 32 of the Constitution.

*Purpose*

- *HC*: HC issues writs primarily to enforce fundamental rights and to ensure that authorities within its jurisdiction act in accordance with law.

- *SC*: SC issues writs primarily to enforce fundamental rights and to ensure that authorities throughout India act in accordance with law.