India's Constitution gives you 5 specific writs to challenge government or authority action: habeas corpus, mandamus, certiorari, prohibition, and quo warranto. Most writ petitions are filed in a High Court under Article 226, which covers a broader range of situations than the Supreme Court's Article 32, which is limited to fundamental rights.
Article 32 vs Article 226: which court do I go to?
Article 32 lets you approach the Supreme Court directly, but only to enforce a fundamental right. Article 226 lets you approach a High Court for a wider set of purposes, fundamental rights and any other legal right, which is exactly why the large majority of writ petitions in India are actually filed in High Courts rather than the Supreme Court.
What is habeas corpus?
Latin for "you may have the body." It directs whoever is holding a person in custody to produce them before the court and justify the detention. It's the standard remedy where someone is detained illegally or without proper explanation, by police or any other authority.
What is mandamus?
A court order directing a public authority to perform a public duty it has failed to perform. It's available where a government body or official has a clear legal obligation to act and simply hasn't, not as a tool to direct how they should exercise a decision that's genuinely within their discretion.
What is certiorari, and how does it differ from mandamus?
Certiorari quashes a decision already made, by a lower court, tribunal, or authority that acted beyond its jurisdiction or violated natural justice in reaching it. The key distinction: mandamus compels action that hasn't happened yet, while certiorari undoes action that already has.
What are prohibition and quo warranto?
Prohibition stops a lower court or tribunal from continuing to hear a matter it has no jurisdiction over, issued before a decision is made (unlike certiorari, which comes after). Quo warranto challenges someone's right to hold a public office, effectively asking them to show by what legal authority they occupy that position.
Disclaimer: This article is for general information only and is not legal advice.
Frequently asked questions
What's the difference between filing under Article 32 and Article 226?
Article 32 lets you approach the Supreme Court directly, but only for enforcement of a fundamental right. Article 226 lets you approach a High Court for a broader range of purposes, both fundamental rights and any other legal right, which is why most writ petitions in India are actually filed in High Courts.
What is a writ of habeas corpus?
Latin for "you may have the body." It directs a person or authority holding someone in custody to produce them before the court and justify the detention. It's the standard remedy against illegal or unexplained detention by police or any other authority.
What is a writ of mandamus?
A court order directing a public authority to perform a public duty it has failed to perform. It's used when a government body or official has a clear legal obligation to act and hasn't, not to direct how they should exercise genuine discretion.
What is a writ of certiorari, and how is it different from mandamus?
Certiorari quashes a decision already made by a lower court, tribunal, or authority acting beyond its jurisdiction or in violation of natural justice. Where mandamus compels action that hasn't happened, certiorari undoes action that already has.
What are prohibition and quo warranto?
Prohibition stops a lower court or tribunal from continuing to hear a matter it has no jurisdiction over, issued before it decides the case (unlike certiorari, issued after). Quo warranto challenges a person's right to hold a public office, asking them to show by what authority they occupy it.