In India, Hon’ble Supreme Court of India and Hon’ble High Courts are the only courts which have been conferred power by the Constitution of India to issue writs.

Hon’ble Supreme Court of India can issue writ under Article 32 of the Constitution of India, however, this power is only restricted to the violation of any fundamental rights. Therefore, Hon’ble Supreme Court can issue writs only in the case of breach of fundamental rights.

On the other hand, Hon’ble High Courts have been conferred powers under Article 226 r/w Article 227 of the Constitution of India to exercise their writ jurisdiction. This power is not restricted to breach of fundamental rights but can be exercised by the Hon’ble High Courts whenever there is breach of any constitutional or statutory right.

There are five kinds of writs:

1. Habeas Corpus,

Writ of Habeas Corpus is filed when a person has been detained by any person or government authority. This writ is issued to the produce the person before the court immediately and to ascertain the legality of the detainment.

2. Mandamus,

This writ is sought when a public official is not doing his duties or not performing his duties in manner prescribed by law.

3. Prohibition,

This writ is issued to lower court in order to stop the court from exceeding its jurisdiction and passing any order which is extra-judicial.

4. Quo Warranto, and

This writ is issued to the person who is holding a public office to ascertain the legality of his authority to claim that office.

5. Certiorari

This writ is exercised in most cases where a writ petition has been filed against an order and Hon’ble High Court needs to review the order by calling all the records available with the lower court.