WRIT – TYPES OF WRIT AND DIFFERENCE BETWEEN PUBLIC

INTEREST LITIGATION AND PRIVATE INTEREST

LITIGATIONBy

Amulya Nigam(Ballb 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

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.

“SUNIL BATRA V. DELHI ADMINISTRATION’’(AIR 1980 SC

1579)

The Supreme Court enlarged the scope of habeas corpus, making available the fundamental rights of the prisoners .

“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.

“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.

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.

“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.

DIFFERENCE BETWEEN PUBLIC INTEREST LITIGATION AND PRIVATE INTEREST LITIGATION

PUBLIC INTEREST LITIGATION PRIVATE INTEREST LITIGATION

It is attached to public interest at large.

It is attached to interest of specific person

The 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 relaxed Rule 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 LITIGATION

PRIVATE INTEREST LITIGATION

The 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 . Other’s can also file writ whether they have interest in injured part or not.

The litigation is filed by interested or aggrieved party only.

Thank you