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Actions to Supreme Court

What are the Actions accepted by Supreme Court ?

These are the Writ Petitions those could be filed in the High Courts / Supreme Court of India.
There are five types of writs, each for a different cause.
These are to ensure that the constitutional rights enshrined in the Constitution of India are safe
guarded.
The brief nature of each is as follows:
1. Habeas Corpus
"Habeas Corpus" is a Latin term which roughly means "you may have the body." This writ is
issued to produce a person who has been detained , whether in prison or in private custody,
before a court.
2. Mandamus
Mandamus is a Latin word, which means "We Command". Mandamus is an order from the
Supreme Court or High Court to a lower court or tribunal or public authority to perform a public
or statutory duty.
3. Certiorari
Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme
Court or any High Court for quashing the order already passed by an Lower Court.
4. Prohibition
The Writ 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. The writ of prohibition is issued by any High Court or the Supreme Court to any
Lower Court.
Even though both the above ( Certiorari and Prohibition) lie against legal bodies, they differ in
the sense, as to when you can knock the doors of a Court - while the Certiorari can be resorted
to only after the culmination of the judicial process, Prohibition can be pleaded during the
pendency of such a legal action.

5. The Writ of Quo-Warranto


The word Quo-Warranto means "what is your authority"? It is a writ issued with a view to
restrain a person from holding a public office to which he is not entitled.
The above is just a general view and there are huge number of judgments, precedents and
interpretations.
Good luck.

1
As simplified :
These are the writs that can declare action of executive or legislature null or void, if it goes
against fundamental rights. These are issued by judiciary.
There are 5 writs-
1. Habeas corpus(to present body)-This ensures presence of detained person enquires
about the reason.
2. Mandamus(we command)-This is issued against a person who fails to perform
his/her duties, holding position in public office.
3. Prohibition- SC/HC issue this writ to lower courts to discontinue proceedings which
are not under jurisdiction.
4. Certiorari(to quash)-This writ quashes the decision of lower court which was not
competent to give judgement and violated jurisdiction limits.
5. Quo-warranto-This writ is issued to enquire about the legality of a person holding
position in public office.

Basic Concept:
First, always remember, a writ is a written command issued only have the High Court and the
Supreme court.
We will stick to the very basics instead of going into complex legalities.
Habeas Corpus = Bring that “corpse” (Body, alive, nothing to do with a dead body) here. Thus,
Bring him/her to court. Who will bring? The authority against whom the writ is issued.
Mandamus = Do your work.
The court will command the authority to do its work.
Certiorari = You (Lower court, authority) didn’t have the jurisdiction, thus, your order is quashed.
Quo Warranto = Show us your qualifications for holding this public office, so that we can
validate your appointment.

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