5 Key Writs for CLAT You Should Know for Legal Section Success

Introduction

Preparing writs for legal aptitude of CLAT is crucial for success in the CLAT exam. Writs are constitutional remedies that have been designed to protect the fundamental rights of the citizens of India. A detailed discussion on writs for CLAT has been included here. This blog article sheds light on the different types of writs, their applications, and limitations, while discussing fundamental rights briefly. The application of various writs has been depicted by presenting several examples of relevant cases. 

What is Writ?

A writ is a written formal order issued by the High Court or Supreme Court to compel a government official or lower court to take action on a specific matter or to abstain from taking any action. 

Writs are constitutional remedies for the citizens of India to enforce fundamental rights and to address violations of law. It is included in the Indian Constitution. The Supreme Court issued it in the form of directions, summons, or warrants.

Overview of Fundamental Rights

The Supreme Court and the High Court can issue writs to implement Fundamental Rights according to Article 32 and Article 226, respectively, against any violation of the Fundamental Rights of the citizens. To discuss the writs for CLAT, understanding fundamental rights is essential.

According to the Indian Constitution, the citizens of the country are provided 6 fundamental rights, and they are:

1. Right to equality (Articles 14 to 18)
2. Right to freedom of religion (Articles 25 to 28)
3. Right to constitutional remedies (Article 32)
4. Right to  freedom (Articles 19 to 22)
5. Cultural and educational rights (Articles 29 and 30)
6. Right against exploitation (Articles 23 to 24)

What are the 5 types of writes?

There is a significant role of writs for CLAT preparation as it is one of the key topics of the Legal section of the CLAT exam.  

The Supreme Court has an extensive and unique role and is the guardian of the citizens’ fundamental rights. The Supreme Court may apply 5 types of writs according to the fundamental rights in Articles 32 to 226. The 5 types of writs are listed below:

1. Habeas Corpus
2. Mandamus
3. Quo-Warranto
4. Prohibition
5. Certiorari

I. Habeas Corpus

• The meaning of the term” Habeas Corpus” is “to have the body”.
• The purpose of applying this writ is to save a person from unlawful custody or detention. 
• As per the writ, a person who is arrested needs to be presented before the court.
• The principle of this writ is the right to freedom.
• This writ can be issued against an individual as well as public authorities.

Condition

Habeas corpus can be issued for the following cases,

• When the detention is under the rules and regulations of law.
• The detained person is not presented before the magistrate within 24 hours of the arrest. 
• The detention is made under an unconstitutional law. 
• Detention ordered by a competent court. 

Important article related to Habeas Corpus

The following articles are related to the Habeas Corpus:

1. Article 20: It states that the protection should be granted in respect of conviction for certain offences. 
2. Article 21: It states Protection of life and personal liberty. 

Limitations of Habeas Corpus

• This writ does not protect any other rights, such as a fair trial. 
• It only ensures that any detention is forbidden by law.  

Case laws

The case of Sheela Barsa vs State of Maharashtra

On 11th May in 1982, Sheela Barsa, a journalist, filed a petition after interviewing 15 women in a police lock-up in Bombay. She found that 2 women were assaulted in the prison, and after the interview, she presented a report to the court.  

The Director of the College of Social Work, A.R.Desai, was ordered to investigate the matter. After the investigation, the charge was proven, and guilty officers were punished. 

II. Mandamus

• The term means “We Command”.
• The court issues it to a public authority to perform a specific task. 
• This writ can be issued against public officials, the government, tribunals, and public corporations.
• It can be issued against a public authority for not performing its duty.

Condition

Mandamus writ can not be implemented under the following conditions:

• It can not be issued against the President, Governors, or Chief Justice. 
• To enforce contractual obligation.
• To compel an individual to do work is not mandatory or discretionary.

Limitations of Mandamus

• Mandamus writ can not be enforced by the Supreme Court on the President, Governors, and Chief Justices of High Courts. 
• It can not be imposed for duties on voluntary interest
• It can not be applied against a private individual. 

Case laws

In the case of Union of India v. S.B. Vohraxi in 2004, the Supreme Court upheld the exception denying the presentation of a writ of mandamus on the exempted ground. 

III. Quo-Warranto

• The term “Quo-warranto” stands for “by what authority or warrant”.
• This writ can be used against the abuse of authority.
• The court can issue this writ to inquire into the legal right of a public official to hold an office, or the court can suspend its authority. 

Condition

The writ can not be implemented under the following conditions:

• If a person is unqualified to hold an office.
• A person has helped in an office without authority. 
• It can be applied for a public office.

Limitations

• Quo-warranto can not be imposed against ministerial or private offices.

Case laws

 It was applied in the case of University of Mysore and v. CD Govinda Rao in 1963, the public office must be statutory to issue the writ of Quo Warranto. 

IV. Prohibition

• The term for “to forbid”
• The objective of this writ is to prevent the judicial and quasi-judicial authorities from exceeding their authority.
• This writ can be issued by a higher court against a lower court. 
• It acts opposite to mandamus as it orders the authority to prohibit any activity. 

 Condition

• To issue the Certiorari writ, the following condition must be followed:
• If there is any use of invalid law.
• If power is applied beyond the jurisdiction.
• Performing an error based on the record.

Limitations

• It can not be imposed against administrative bodies, legislative bodies, or against private individuals

Case laws

The case of Prudential Capital Markets Ltd. v. The State of A. P. and others in 2000 are relevant to the prohibition writ. 

V. Certiorari

• It refers to “to certify“.
• It can be used as a curative writ petition.
• This writ can be imposed by the court when it finds the decision of the lower court is beyond its authority. 
• It can not be issued against a private body.
• Before 1991, the writ was allowed to impose against administrative authority or judicial authority, but after 1991, it could be issued against the administrative authority.

 Condition

To issue the Certiorari writ, the following condition must be followed:

• When the lower court passes an order beyond its jurisdiction
• When the lower court failed to act in accordance with the principles of natural justice. 
• When the lower court acts against the procedural law. 
• If it is against the contravention of fundamental rights.

Procedure

• A petition needs to be filed by an advocate
• The petition must include all necessary information
• Notice is sent to the opposition party.
• After hearing both parties, the court passes judgment in the form of a writ. 

 Case laws

In the case of Radhey Shyam and Anr. vs. Chhabi Nath and Ors. In 2015, the court stated that the power under Article 227 can not be used for a writ filed under Article 226. 

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Conclusion

Understanding the concept of writ is essential to getting a good score in the CLAT exam. This blog contains a detailed explanation of different types of writs for CLAT preparation. Several case studies have also been included here for a better understanding of the writs. Joining a coaching center can be beneficial to achieve the desired success in the CLAT exam.

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