Types of Scriptures according to the Indian Constitution, written by Pooja Ganesh, a student at SASTRA Deemed University
A piece of writing is a formal document that commands a person to do something or to stop acting. A written petition is usually directed by a higher court to the lower court, instructing it to carry out an act or to restrict the carrying out of an act. In Indian legal history, written petitions have shown that it removes many of the inequalities resulting from certain government actions. Everyone is equal before the law and there should be no discrimination. The Indian Constitution allows the person concerned to submit a written petition under Article 226 and Article 32. Article 226 allows a written petition to be submitted to the High Court and Article 32 allows an appeal to a written petition to the Supreme Court. A document is an appeal when there is a violation of the fundamental right prescribed in Part III of the Indian Constitution. The main aim of the written petition is to protect the fundamental and legal rights of the citizens of the country. Although writing is not specifically defined in the Constitution, it is considered a basic structure and therefore cannot be changed for any reason.
The five types of fonts are:
• Habeas Corpus – the release of a person illegally detained. (You can have the body)
• Mandamus – duties of the authority. (We command)
• Prohibition – Prohibits a lower court from proceeding with a particular case if there is no jurisdiction. (Procedural prohibition)
• Certiorari – Revocation of a Subordinate Court / Other Quasi-Tribunal Order. (To be certified).
• Quo Warranto – Restricting a person to public offices which they are not authorized to exercise. (Question of authority).
The term “habeas corpus” means that you can have the body. This letter is filed to order the court to produce the person who is illegally detained. The main aim of this letter is to ensure the freedom of the detainee. The court orders instructions to the person who has illegally arrested another person. It is the duty of the person or authority or the detainee to present the Detenu to court in accordance with the orders. The court examines the validity, justification and jurisdiction of the person or authority holding that other person. The Habeas Corpus letter protects the rights of the person who is illegally imprisoned without jurisdiction. Habeas Corpus cannot be used if custody of the person has been ordered by a competent court. According to criminal law, a person arrested should be produced in front of the judge within 24 hours of their arrest.
If a person is unlawfully detained, relatives or friends, or any other person on behalf of the Detenu, may apply for an article of Habeas Corpus under Article 226 (High Court) or Article 32 (Supreme Court). The court will issue the letter if it is satisfied with the content of the application filed. The letter can be issued against public or private authorities. The detained person is released if there is no legal justification for detention. An application for the adoption of a habeas corpus can be made by the Detenu itself. A letter from a convict about the inhuman torture is also treated as a petition by Habeas Corpus. This letter can also relieve a person from inhuman treatment, and is not limited to unlawful detention. Courts can also take suo moto action when they receive information about illegal detention. The quick remedy is the basis for Habeas Corpus Writ. This writing is very helpful in protecting the personal freedom of the individual under Article 21 of the Indian Constitution. Unlawful detention violates the rights of Article 21.
In these circumstances, the Habeas Corpus letter cannot be issued:
• The detention in question is lawful.
• Detention is ordered by a competent court.
• Detention is outside the jurisdiction of the court.
• When the trial is related to the contempt of the court or the record of parliament.
According to Articles 32 and 226, the Supreme Court and all the Supreme Courts may issue a mandate to the competent authority if an order is to be given to perform a public task. A court / corporation / tribunal or other appropriate authority may be instructed to exercise jurisdiction and fulfill the duty required by law. This letter helps to control the authorities and to limit them in their area of responsibility when they carry out their public duties. These public functions include all types of legislative, judicial or quasi-judicial and administrative functions of public authorities. A Mandamus letter can only be issued if the power of attorney is required. If no action is taken within a reasonable period of time following the order of the court, a Mandamus certificate can be issued. The person whose rights have been violated or a charitable person can apply for a mandamus letter. Private medical or technical colleges, regardless of their aid or affiliation, are also subject to the jurisdiction of documents.
The general rules for writing mandamus:
• The petitioner should have the legal right.
• There is a violation of a right.
• There should be a legal obligation that has not been met.
• There should be a legal right to fulfill these legal obligations.
• The nature of the duty should be public.
• According to Mandamus, no obligation from a private contract can be questioned.
• The right requested should remain in place until the date of the petition.
• The Mandamus letter is not issued in anticipation of injury.
• There is no alternative remedy.
• If duty is left to discretion, a mandamus charter will not lie.
The prohibition letter is issued when an authority has incorrectly exercised or exceeded its competence. The authority concerned can either be judicial or quasi-judicial. This letter is issued by a court to its lower court to terminate the case where there is no jurisdiction. This letter may be issued under Article 32 or Article 226 of the Indian Constitution. This letter prevents the inferior court from proceeding to a case in which it does not have jurisdiction or in which it has exceeded its jurisdiction. The main aim is to oversee the inferior courts and limit them to their jurisdictional limits.
Under what circumstances is a prohibition notice issued:
• An act is taking place without jurisdiction or undue jurisdiction
• Act in violation of natural justice
• The act that is ultravirus or unconstitutional.
• The act that violates fundamental rights.
The prohibition letter is only available when the proceedings are pending. This applies to cases in which the order has not yet been delivered. This letter helps people with arbitrary administrative actions.
The writing of certiorari means to certify. This letter helps to correct the illegality of decisions of lower courts. It orders that an inferior court or other authority forward the records of divested or pending proceedings or their repeal. This writing can never be used to convey records or cancel an act or ordinance. The reasons why certiorari can be used are:
• No jurisdiction or excessive jurisdiction
• Need to correct errors in the jurisdiction
• abuse of jurisdiction
• Disregard for the principles of natural justice.
• To correct legal errors that can be seen on the front of records.
The writing of certiorari suspends the orders falling under these grounds. The only legal error can be corrected through this letter, not the factual error, however serious it may be. Errors in the files should be evident without examination to determine. The deed issued by the High Court is a regulatory jurisdiction, so the court cannot act as a court of appeal. Certiorari can only be applied after the decision or decision has been issued by the court.
The Quo Warranto letter challenges a person’s authority in governance. It is filed against the title of the holder in office. This is a court order asking the person to show the authority by which they hold their position in public office. The letter to exclude a person from office if that person does not have a valid title or authority to exercise his office. It reviews the functions of the administrative authority that appoints people to various positions in public offices. It is therefore a kind of judicial review. The position in public office is given to those who have the right. The application for Quo Warranto can be made by the person concerned or by another person. Quo Warranto cannot be issued to persons who do not hold public office.
The written petition under the Constitution has contributed to the growth of public interest litigation in India. Many people turn to the court to protect their fundamental rights. The judiciary has extensive powers to take control of administrative measures when they violate the fundamental rights of citizens or natural justice. Therefore, the rights of citizens are not suppressed by arbitrary acts. The High Court can intervene even if there is a violation of legal rights. The choice rests with the aggrieved party, they can appear in either the Supreme Court or the Supreme Court. People should be aware of these constitutional remedies to protect their rights.