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Home / IAS Preparation / Types Of Writs In India

Types Of Writs in Indian Constitution & Its Conditions to Issue (UPSC Polity Notes)

Last Updated on Jun 27, 2025
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A Writ is a formal written order issued by the executive or judicial body that directs the individual or authority to do or refrain from doing a particular act. In total, 5 writs issued in India are Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto. When individuals fundamental rights are violated, they have the right to file a petition with the Supreme Court or a high court to initiate the necessary legal action to enforce their basic rights. The Supreme Court of India and the High Courts in India are each granted the authority to issue writs to uphold the Fundamental rights under Articles 32 and 226 of the Indian Constitution, respectively.

Types Of Writs In India is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

Study this article on types of writs in India to know more about the five types of writs, their scope and the writ jurisdiction of the Supreme Court and High Court. 

What are Writs?

Writs are written orders issued by the Supreme Court or a High Court directing Indian citizens to pursue constitutional remedies when their fundamental rights have been violated. By Article 32 of the Indian Constitution, a citizen of India may petition the Supreme Court of India and the High Court for constitutional remedies if their fundamental rights have been violated. The Supreme Court has the authority to issue writs to enforce rights under the same article, whereas the High Court has the same authority under Article 226.

Writs in the Constitution are judicial orders. They act to protect citizens' rights. There are 5 writs in the Indian Constitution. These are Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. All writs play a special part in law. They offer justice to all. Writs may be submitted in High Courts or the Supreme Court. Writs achieve quick relief in urgent cases. The writs are indispensable for upholding individual freedoms. They are an integral part of the law.

Eligibility to File Writs Petition

Any Indian citizen can initiate a writ petition when their fundamental rights are violated. This legal document is issued by a court to instruct a person to either carry out a specific action or refrain from a particular activity. To file a Writ Petition in India, the aggrieved party must approach a court with writ jurisdiction and present their case. This right is available to all citizens. While there is no strict time limit for filing Writs in India, there should be a compelling justification for any delay.

Writs under Constitution of India 

The writs under the Constitution of India are indispensable legal remedies for safeguarding fundamental rights. The Indian Constitution has five writs: Habeas Corpus, which safeguards personal liberty; Mandamus, instructing authorities to carry out their functions; Prohibition, prohibiting actions outside jurisdiction; Certiorari, quashing illegal orders; and Quo Warranto, opposing illegal authority. These writs in India are provided under Articles 32 and 226, which grant citizens the power to file writ petitions for justice. These writs are of major importance in administrative law in India.

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Types of Writs in India

The Supreme Court and the High Court in India may issue five different types of writs in accordance with Articles 32 and 226 of the Indian Constitution. The Indian Supreme Court is the guardian of the fundamental rights of citizens. It exhibits unique and extensive powers for that. The five types of writs in Indian constitution are listed below.

  • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo-Warranto

Habeas Corpus

  • The term Habeas Corpus in Latin means ‘to have the body of’.
  • By issuing this writ, the Court orders the concerned person or authority who has detained another person to produce the body of the detained person or prisoner before the court.
  • This writ aims to review the alleged unlawful detention of a person or an authority.
  • When the detained person is produced in front of the court, the latter examines the causes and legality of his detention. If the court concludes that the detention was unlawful or illegal, the detained person is set free immediately.

    • When can the Writ of Habeas Corpus not be used?

    The court can issue a Habeas Corpus writ against individuals and public authorities. However, this writ cannot be issued in the following cases,

    • When the detention is lawful
    • When the competent court issues the detention
    • When the detention is outside the jurisdiction of a particular High Court
    • When the detention is for Contempt of Court or Legislation by the person

    This petition can be filed in the High court or Supreme Court by the general public, relatives or friends on behalf of an illegally detained person.

    Also, read National Investigation Agency for UPSC here.

Mandamus

  • The term Mandamus in Latin means ‘We Command’.
  • The court issues the Writ of Mandamus to a public authority directing them to perform the public duties they are bound to do but refused or failed to perform.
  • This writ can be issued against any public authority, public body, lower courts, tribunals or the government.

    • Conditions for Writ of Mandamus

    Writ of Mandamus cannot be issued under the following conditions:

    • When public duty is discretionary and not mandatory
    • To perform the non-statutory function.
    • Against the President of India or Governor of any State
    • Where such discretion violates the law of the land.
    • Against any private individual or private organisation
    • Against the acting Chief Justice of India

    A writ petition seeking Mandamus can be filed only when the Public authority refuses to perform their public duty on being demanded by the petitioner.

    Check out NCERT Notes for UPSC here.

Prohibition

Against whom the Writ of Prohibition cannot be exercised?

The Prohibition writ cannot be issued against any public or private individual, Administrative authorities or Legislative bodies.

  • The term prohibition means ‘to forbid’.
    • The writ of prohibition is issued by the higher courts, such as Supreme Courts and High Courts, to the lower courts, quasi-judicial bodies, or tribunals, which try to transgress the power or limit conferred to it.
    • This writ prevents the lower courts or tribunals from exceeding their jurisdiction or usurping the jurisdiction not legally vested in them.

Certiorari

  • Certiorari means ‘to be certified’ or ‘to be informed’.
  • The writ of certiorari is issued by the higher court to the lower court directing them to either transfer the pending case to the higher court or to squash the order passed by them in a case.
  • This writ is issued when the higher court feels that, the lower court or tribunal has passed the judgement or order beyond its power or when there is an error.
  • Originally this writ could be issued only to judicial and quasi-judicial bodies. However, in 1991, the Supreme Court ruled that this writ could be issued even against the administrative authorities.

    • Grounds for issuing the Writ of Certiorari

    • If the court issues an order without jurisdiction.
    • If the court exercises excess jurisdiction.
    • If an order is a violation of Natural Justice or is unconstitutional.

    Against whom the Writ of Certiorari cannot lie?

    The Writ of Certiorari will not lie against the following:

    • Individual
    • Company
    • Private authority
    • Association

    Read the NCERT Notes on the Indian Council Act of 1861 here.

Quo-Warranto

Difference Between Writ Jurisdictions of Supreme Court And High Court

The writ jurisdiction of the Supreme Court varies from the High Court in the following ways,

Supreme Court 

High Court

Article 32 empowers the Supreme court of India to issue writs.

Article 226 empowers the high courts to issue writs.

The Supreme court has broader territorial jurisdiction as it can issue writs all over the country.

The High Courts have narrower territorial jurisdiction as they can issue writs only in their own local jurisdiction.

The Supreme court can issue writs only for enforcing Fundamental rights. Thus they have a narrow scope.

The High court can issue the writ to both fundamental as well as Constitutional rights. Thus comparatively they have a wider scope.

Since Article 32 is a fundamental right, the Supreme Court cannot refuse to issue the writs.

Since Article 226 is a legal right, the High Courts have the discretion to issue the writ or not.

Types Of Writs In India (UPSC Indian Polity): Download PDF Here!

These are the five types of writs issued in India by the Supreme and High courts. The writs of mandamus and certiorari control the actions of administrative authorities, whereas the writs of Prohibition and certiorari control the actions of judicial or quasi-judicial bodies.

Also, check the Right To Equality Article 14 to 18 of the Indian Constitution here.

Key Takeaways for UPSC Aspirants

 
  • Writs: Constitutional Remedies: Writs are constitutional remedies to protect fundamental rights under Article 32 and Article 226 of the Constitution.
  • Five Types of Writs: There are five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, each with distinct functions.
  • Habeas Corpus: Protection from Unlawful Detention: Habeas Corpus commands the production of a person before a court to ensure they are not unlawfully detained.
  • Mandamus: Directing Public Authorities: Mandamus is an order directing a public authority to perform a duty they are legally obligated to do.
  • Prohibition: Preventing Illegal Jurisdiction: Prohibition prevents a lower court or tribunal from acting beyond its jurisdiction or passing an unlawful order. 

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Types Of Writs in Indian Constitution UPSC FAQs

Article 32 of the Indian Constitution enables one to go to the Supreme Court for enforcement of fundamental rights through writs in order to achieve justice in India.

The 5 writs under the Indian Constitution are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. They provide protection of rights and justice in India.

Writs under the Indian Constitution are legal orders issued by the Supreme Court or High Courts to enforce fundamental rights and ensure justice.

The 5 types of writs in India are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. They are employed to protect fundamental rights.

A writ is a formal written order issued by an executive or judicial body directing a person or authority to do or not to do a particular act.
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