Section 41 CrPC

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5 types of writ under the Indian Constitution

Section 41 CrPC

What are the 5 types of writ under the Indian Constitution ?

5 types of writ under the Indian Constitution are givesn as under:

Habeas Corpus:
This writ is used for safeguarding  personal liberty.  Judiciary is empowered to free  a person who has been detained illegally  and therefore it is a  command to  the authorities to produce a person who has been detained  such person.

Mandamus: Mandamus
Literal meaning is  “we command.”  and this writ is issued by a higher court to a lower court, public authority, corporation, or government for the performance of a public or statutory duty.

Prohibition: This writ is issued  for  prohibiting the lower court  from exceeding its jurisdiction or usurping a jurisdiction that it does not possess and so it is issued by a higher court to a  lower court.

Certiorari:
Certiorari means “to be certified” or “to be informed.” This writ is issued  for directions to transfer the matter pending before it to the higher court or to quash its order which is also passed by the higher court directing the lower court.

Quo Warranto:
Quo warranto means “by what authority.” This writ is issued so as to  inquire into the legality and to restrain the person from continuing in that office if the claim is found to be invalid.

Article 32, Constitution of India 1950

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
⁠(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
⁠(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). ⁠
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

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You will also find more information in the official website of the Supreme Court

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