The writ of certiorari has been translated in numerous ways—including “to be made certain,” “to search,” “to be more fully informed”—but, ultimately, it comes down to a superior court wanting to be apprised of a lower body’s actions. This article enquires into the history of certiorari, the scope of the writ, the manner in which it evolved, and… Read More »
In this article “Writ of Prohibition: History, Scope and Evolution, and Landmark Judgements,” the author has discussed the writ of prohibition which is nearly as old as the common law itself. Like other writs, the writ of prohibition is guaranteed under the Constitution of India—specifically Articles 32 (for the Supreme Court) and 226 (for the High Courts). This article… Read More »
Writ of Habeas corpus has been fundamentally important in safeguarding the rights of detainees in India. It protects citizens from arbitrary arrests, abuse by police authorities, illegal detentions, etc. Habeas corpus has been available to citizens for protection throughout independent India’s history save for the Emergency period when it was controversially revoked. Notably, the Supreme Court had acquiesced… Read More »
The writ of mandamus can be employed to either direct a body to do something or to refrain from doing something. Mandamus is only issued by high and apex courts; in India, those are the various state high courts and the supreme court. They have original jurisdiction vis-à-vis issuing writs. As per judicial precedent, it cannot be anticipatory in… Read More »
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