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- Tabular summary of the writs under the Constitution Prohibition Nature Nature Nature Nature Habeas corpus is a Latin expression By this writ, an inferior court is 1. Mandamusisacommandtoan 1. Itisawritissued froma meaning “have the body”. It is a writ ordered to submit its record before inferior court, tribunal, board, superior jurisdiction to an issued to bring a person before a the superior court. corporation, government inferior court to stop it from court at a stated time and place to Objects administrative authority or to using the jurisdiction which it decide the legality of his detention or The object of this writ is to keep the a person—to perform its/his has no right to use. imprisonment. judicial and quasi-judicial tribunals duty or exercise its/his power, 2. Itis directed to the judge and It commands the judge of the within limits of their jurisdiction jurisdiction, etc. according to parties of a suit commanding inferior court to produce the body of and stop them from stepping law or rules. them to seize from the the defendant with a statement of his beyond. 2. Mandamus forbears an prosecution thereof. cause of detention and to go andreceive Where used authority from doing an 3. Itis issued when a judicial whatever the higher court shalldecree. 1. Where an administrative unlawful act." or a quasi-judicial tribunal This right of habeas corpus safeguards act is beyond its powers, i.e. 3. It vacates an erroneous or authority exceeds its one against illegal detention or ultra vires, there this writ is administrative order. The writ jurisdiction or tricks to imprisonment. available. is available where no justice exercise jurisdiction not The court by this writ tests the 2. Where the administrative act is done or where justice is vested in it. validity of the act which robs a person is ultra vires, or where the delayed—and there is no 4. This writ is primarily of his personal liberty (the act is of the orders of the inferior courts or other remedy against it but the supervisory and orders the executive). tribunal are faulty, this writ writ. subordinate courts to stop is available to correct them, 4. This writ supplies the defects of because they are stepping quash them, or to remove justice. outside their jurisdiction. them. 5. It lies to enforce a public duty. — — —— oa ooo _ 1. S.C Barat v. Hari Vinayak Pataskar, 1961 SCC OnLine MP 31: AIR 1962 MP 180. 2. See, Arts. 32 and 226; University of Mysore v. C.D. Govinda Rao, AIR 1965 SC 491. Quo warranto When issued? When a person occupies or usurps an independent substantive public office, or franchise, or liberty and is therefore asked to show by what right he claims it, this writ is issued. This writ keeps the usurper away from occupying the office unauthorisedly. Meaning The expression quo warranto means, “by what authority”. This writ has been used in few cases; appointment to public offices are controlled by this writ. Conditions for issue This writ is given in two types of circumstances: 1. In respect of public office. 2. Incases of election, the office in regard to which it is sought for must be a public office, not a private office. 
