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WRITs TYPES OF WRIT PUBLIC INTEREST LITIGATIONPresented By: Manoj Kumar(B.B.A.LL.B , 5th Sem.)

Writ

General Meaning - a formal order in Writing issued under seal, in the name of a sovereign, government, Court or other authority, commanding an officer or other person to whom it is issued, to do or refrain from doing some act specified therein.

The supreme court of India is alert guardian of fundamental rights of citizens.It is supreme custodian.Article 32 of constitution provides for writs for the enforcement of fundamental rights.Similar jurisdiction is available to high court under Article 226. actually , the jurisdiction of high court to issue writ is more wide than that of supreme court . High court can issue writ for 'other purposes' alongwith fundamental rights , whereas supreme court can only issue writ for the enforcement of fundamental rights

DIFFERENCE BETWEEN THE WRIT JURISDICTION OF SUPREME COURT AND HIGH COURTThe Writ Jurisdiction of Supreme Court is mentioned under Article 32 of the Indian Constitution, while the Writ Jurisdiction of High Courts is mentioned under Article 226 of the Indian Constitution.The High Courts have wider powers as compare to Supreme Court in issuing writs.The Supreme Court can issue writ only in case of violation of any of the fundamental rights contained in Part-III of the constitution, while the High Courts can issue writs not only in case of violation of fundamental rights but also in case of violation of any legal rights of the citizens provided that a writ is a proper remedy in such cases, according to well-established principles.Article 32 of the Constitution of India imposes on the Supreme Court a duty to issue the writs, whereas no such duty is imposed on the High Court by Art-226.The jurisdiction of the Supreme Court extends all over the country, whereas that of the High Court only to the territorial confines of the particular state and the Union Territory to which its jurisdiction ex-tends.

TYPES OF WRITSAs per Article 32(2) and Article 226(1) of the constitution,the supreme court and high court can issue five types of writs-1.Habeas corpus2.Mandamus3.Prohibition4.Certiorari5.Quo-Warrant

Writ of Habeas corpusHabeas Corpus means, you may have the body." A person, when arrested, can move the Court for the issue of Habeas Corpus. It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been detained lawfully or otherwise. If the Court is convinced that the person is illegally detained, it can issue orders for his release.

Who can apply?General rule is that an application can be made by a person who is illegally detained. But in certain cases, an application of habeas corpus can be made by any person on behalf of the prisoner, i.e., a friend or a relation.

P.S SADASHIV SWAMI V.STATE OF TAMIL NADU(AIR 1974 SC 2271) -The Supreme Court gave the meaning of the writ Habeas Corpus in this case-1.Court can ask the causes of detention of the detained person.2.Can order to produce the detained person before the court.3.If the detained person is illegally detained , the court will order that he be released.

Writ of MandamusMandamus is a Latin word, which means "We Command". Mandamus is an order from a superior court to a lower court or tribunal or public authority to perform an act, which falls within its duty. Simply, it is a writ issued to a public official to do a thing which is a part of his official duty, but, which, he has failed to do, so far. This writ cannot be claimed as a matter of right. It is the discretionary power of a court to issue such writs.

Grounds: The grounds for the writ of mandamus are similar to those of certiorari and prohibition.

i) Lack of jurisdiction.

ii) Error of jurisdiction.

iii) Excess jurisdiction.

iv) Abuse of jurisdiction.

v) Violation of the principles of natural justice.

vi) Error of law apparent on the face of the record etc.

Who can apply for Mandamus writ?Generally the affected person has the right to seek this remedy. Exceptions are:

1. The writ of mandamus cannot be issued against the president or the governors of states. They cannot be insisted to exercise powers and to perform duties.

2. The writ of mandamus cannot be issued against the state legislature to prevent it from the execution of a law alleged to be violative of the provisions of the constitution.

3. The writ of mandamus cannot be issued to an officer who acts on the orders of his superior.

MANI SHOBHREJ JAIN V. STATE OF HARYANA [(1977)1 SCC 486]-Requirement of mandamus writ are described in this case.According to it,following condition for issue of mandamus are required to be fulfilled-Existence of legal right,Such legal right shall be enforceable by court,The enforcement of such right imposes responsibility of performance of any duty over any person , public authority, corporation or government.Such duty is of public nature.

PROHIBITION

Writ of ProhibitionWrit of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. It is a writ issued by a superior court to lower court or a tribunal forbidding it to perform an act outside its jurisdiction. After the issue of this writ, proceedings in the lower court etc. come to a stop.

GOVIND MENON V. UNION OF INDIA"(AIR 1967 SC 1893)It was held that prohibition writ may be issued under the followiing conditions-Where there is excess of jurisdiction.Where there is absence of jurisdiction.

Writ of CertiorariLiterally, Certiorari means to be certified. The writ of certiorari is issued by the Supreme Court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration.

STATE OF UP V. MOHAMMED NOOR "(AIR 1958 SC 86) Supreme court said that certiorarri is maiinly issued to reform the mistakes related to jurisdiction of subordinate courts or quasi-judicial bodies.In other woords,it can be said that the writ is isuued when the subordinate court or tribunal acys in absence of jurisdiction or beyond jurisdiction or fails to use its jurisdiction.

Common features of prohibition and certiorari:Issued against any authority having judicial, quasi judicial or administrative jurisdiction.

Certiorari is issued to quash a decision already taken whereas prohibition is issued when the matter is still pending before the authority. But even if the authority has taken a decision, the writ of prohibition can be issued to stop the authority from enforcing the decision.

Certiorari can be applied for both prevention and cure whereas prohibition is mainly for prevention.

HARI VISHNU KAMATH V.AHMED ISHAQ(AIR 1955 SC 233)

The writ is issued for correcting an error of law apparent on the face of records. It cannot be issued to correct an error of fact.

The word Quo-Warrant literally means on what authority one is holding the public office" It is a writ issued with a view to restraining a person from acting in a public office to which he is not entitled.

ExampleFor example, a person of 62 years has been appointed to fill a public office whereas the retirement age is 60 years. Now, the appropriate High Court has a right to issue a Writ of quo-warranto against the person and declare the office vacant.

''UNIVERSITY OF MYSORE V. GOVIND RAO'' (AIR 1965 SC 491) In this case requiremennts of quo warrant writ are described.this writ can be issued in the following conditions.When disputed post is public post. If the post is held by the person without legal authority.

Definition of PIL? In Indian law,Public Interest Litigationmeans litigation for the protection of the public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party.

Merits:1. In Public Interest Litigation (PIL) vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this.2. Further, through the so-called PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment.

Demerits:The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive role in the arena of litigation. Of late, many of the PIL activists in the country have found the PIL as a handy tool of harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation and deals could then be negotiated with the victims of stay orders obtained in the so-called PILs. The flexibility of procedure that is a character of PIL has given rise to another set of problems. It gives an opportunity to opposite parties to ascertain the precise allegation and respond specific issues. The credibility of PIL process is now adversely affected by the criticism that the judiciary is overstepping the boundaries of its jurisdiction and that it is unable to supervise the effective implementation of its orders. It has also been increasingly felt that PIL is being misused by the people agitating for private grievance in the grab of public interest and seeking publicity rather than espousing public cause.

DIFFERENCE BETWEEN PUBLIC INTEREST LITIGATION&PRIVATE INTEREST LITIGATION

PUBLIC INTEREST LITIGATION PRIVATE INTEREST LITIGATIONIt is attached to public interest at large.It is attached to interest of specific personThe main aim is to protect public interest.The main aim is to protect private interest.The right and remedy does not depend upon each other because remedy seeking person does not fight for his own interest.The right and remedy depends on each other as the person suing have interest in litigation for the enforcement of remedies.Rule of locus standi is relaxedRule of locus standi is followed.It is prospective.It is retrospective.The process is very simple, easy and cheap.The process is complicated , expensive and delaying.The evidence is narrow and free from technicalities.The evidence is strictly examined under it.Here the case can not be withdrawn.The writ can be withdrawn.The subject matter is generally of social and national interest.The subject matter is of private right.The work and view of judges is very important and related to national interest and liability.The work of judges is limited to examination of evidences.

PUBLIC INTEREST LITIGATIONPRIVATE INTEREST LITIGATIONThe applicant has not his own interest and he does not struggles for himself.Personal interest struggle for its own benefit.It can be presented by anybody whether he has suffered or not . Others can also file writ whether they have interest in injured part or not.The litigation is filed by interested or aggrieved party only.

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