Petition under Article 32 and 226 of the Constitution of India

The petition under Article 32 and 226 of the Constitution of India - 

(a) Habeas Corpus. -  

          It is a Latin term that means 'what is your authority or show your authority by issuing this writ the person concerned is called upon to show the court by what authority he holds the office or liberty. If the holder has no authority to hold the office he can be ousted from its enjoyment. 

>>> Read in Detail...Habeas Corpus.

(b) Mandamus. - 

        Mandamus means a command. It is an order issued by a court to a public authority asking it to perform a public duty imposed upon it by the Constitution or by any other law.  Writ of mandamus is a Judicial remedy which is in the nature of an order from a superior Court i.e Supreme Court and a High court to any Government Court, Corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of statutory duty.

>>> Read in Detail...Mandamus.

(c) Prohibition. - 

           This writ can be issued against judicial or quasi-judicial authorities. When such authority exceeds its jurisdiction or tries to exercise jurisdiction not vested in it. In East India Commercial company v. Collector of customs, 1962, Supreme Court observed " A writ of prohibition is an order directed to an inferior Tribunal forbidding it from continuing with a proceeding therein on the ground that the proceedings is without or in excess of jurisdiction or contrary to the laws of the land, statutory or otherwise." The principle underlying the writ of prohibition is that 'prevention is better than cure.

>>> Read in Detail... Prohibition.

 

(d) Certiorari. - 

       Certiorari means to certify.  Certiorari is the constitutional remedy.   This writ is issued to an inferior Court or any other authority exercising judicial or quasi-judicial functions to investigate and decide the legality and validity of the orders passed by it. It is required that the judges of the inferior court certify the record of any matter in that court and send it to the superior court for examination.

>>> Read in Detail...Certiorari.  

(e) Quo warranto.

          It is a Latin term means 'what is your authority or show your authority' by issuing this writ the person concerned is called upon to show the court by what authority he holds the office or liberty. If the holder has no authority to hold the office he can be ousted from its enjoyment.

>>> Read in Detail...Quo warranto