5 Must Know Writs For Cracking Legal Section in CLAT 2025

Reader's Digest: Are you preparing for the Legal Reasoning section of CLAT 2025 and struggling to understand writs? In this blog, we will thoroughly examine the five essential writs crucial to succeed in the legal reasoning section. Keep reading to learn more!!

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The Indian Constitution, under Part III, guarantees Fundamental Rights to its citizens. It empowers the Supreme Court and High Courts to issue writs to protect these rights, providing a mechanism for justice when these rights are violated.

If you are unfamiliar with writs, don't worry! This blog post will provide detailed insights on all the writs, explain why they're important, and discuss the types you need to know for the legal section of the CLAT 2025 exam.

So, let's learn about the five essential writs to help you do well in your upcoming exam.

What is Writ?

A Writ is a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against violations of their fundamental rights. Articles 32 and 226 of the Indian Constitution deal with constitutional remedies that an Indian citizen can seek from the Supreme Court of India and the High Court against violations of fundamental rights.

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Overview of Basic Fundamental Rights

The Supreme Court and the High Court can issue writs to enforce fundamental rights according to Article 32 and Article 226, respectively, for the violation of fundamental rights majorly classified into six categories, namely: 

• Right to equality (Articles 14-18),
• Right to freedom of religion (Articles 25 to 28), 
• Cultural and educational rights (Articles 29 and 30),
• Right to constitutional remedies (Article 32),
• Right against exploitation (Articles 23 to 24),
• Right to freedom (Articles 19 to 22).

Types of Writs in India

The Supreme Court and the High Court in India may issue five different types of writs in accordance with Articles 32 and 226 of the Indian Constitution. The Indian Supreme Court is the guardian of citizens' fundamental rights and has unique and extensive powers. The five types of writs in the Indian constitution are listed below.

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

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1. Must Know Writs For Cracking Legal Section in CLAT 2025 - Habeas Corpus

First originated in 1215, King John signed the Habeas Corpus in the 39th clause of the Magna Carta. The Latin meaning of "Habeas Corpus" is "to have the body of." 

The Habeas Corpus writ enforces the fundamental right of individual liberty against unlawful detention.

While the need to issue a writ of habeas corpus arises mainly in cases of illegal detention by police authorities, it can also be issued against any private individual who has illegally detained someone.

The Supreme Court or High Court orders one person who has arrested another person to bring the latter's body before the court through this writ.

Both courts can issue this writ against both private and public authorities. Also, Habeas Corpus can not be issued in the following cases:

• When detention is lawful.
• When the proceeding is for contempt of a legislature or a court.
• Detention is outside the jurisdiction of the court.
• Detention is by a competent court.

Important Articles Related to Habeas Corpus in India's Constitution: 

• Article 20 states Protection in respect of conviction for offences
• Article 21 states Protection of Life and Personal Liberty

Article 22 mentions Protection against arrest and detention in some instances. The court will check the detention after putting these articles in force.

If the detention violates the Constitution of India, it is unlawful or illegal. Anyone, irrespective of his/her caste, race, religion, sex, or place of birth, can file this petition on behalf of the detainee.

In the Sheela Barse vs State of Maharashtra case:
Sheela Barse, a journalist, filed the writ petition. She interviewed 15 women, prisoners, in a police lockup in the city of Bombay in May. 11.1982. She found two women were assaulted there, so she filed the petition.

The court ordered and directed Dr (Miss) A.R. Desai, Director of the College of Social Work, to investigate it. Finally, it was proved that the officials were punished, and related safety measures were taken to safeguard the women prisoners.

Limitation for Habeas Corpus:

• Though a writ of right, it is not a writ. In simpler terms, it means that it provides only procedural remedies. Hence, it guarantees any detention that is forbidden by law.
• However, it does not protect other rights, such as a fair trial. 

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2. Must Know Writs For Cracking Legal Section in CLAT 2025 - Mandamus

The Latin meaning of the Mandamus writ is "we command." The Supreme Court or High Court uses this writ to order the public official who has failed to perform his duty or refused to do his duty to resume his work.

All persons holding public office are eligible to be held liable under the Mandamus writ. The concerned official is responsible for explaining his incapacity to the court. 

The identity of the person who files this writ is kept confidential. The possible cases to file this writ are as follows:

• To test the validity of an elected person in a university syndicate
• The Nomination of members to a Legislative Council by the Governor
• Mayor in the municipal corporation
• The appointment of a Chief Justice, Chief Minister, Attorney General, University Teachers,  Advocate, etc

Besides public officials, a Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose.

For issuance of a Mandamus writ, the following two conditions are essential:

1. The duty whose performance is sought to be enforced must be a legal duty of a public nature

2. Performance of the duty or act must not be discretionary.

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Unlike Habeas Corpus, the Mandamus writ cannot be issued against a private individual.

Limitations for Mandamus:

Supreme Court cannot issue writs against:

• President or State Governors
• Duties on voluntary interest
• Against any private individual
• Chief Justice of High Courts

Remember, a Mandamus writ can not be issued in the following cases:

• To enforce departmental instruction that does not possess statutory force.
• Mandamus can’t be issued against the Indian President or State Governors.
• To order someone to work when the kind of work is discretionary and not mandatory.
• Against the Chief Justice of a High Court acting in a judicial capacity.
• To enforce a contractual obligation.

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3. Must Know Writs For Cracking Legal Section in CLAT 2025 - Quo-Warranto

The Latin meaning of the Quo-Warrantos writ is "by what authority or warrant." Quo-Warrantos writ is used by the Supreme Court or High Court to prevent a person's illegal usurpation of a public office.

The Supreme Court or High Court enquires into the legality of a person's claim to a public office through this writ.

Suppose a person under investigation is found to be lacking the authority to hold the office in question. In that case, the court may restrain him from holding the office further and declare his appointment illegal.

• Quo-Warranto writ can not be issued against the private or ministerial office.
• This writ can be issued only when the substantive public office of a permanent character created by a statute or the Constitution is involved.

In the famous case of Purushottam Lal vs. the State of Rajasthan, quo warranto was filed against the CM of Rajasthan. The writ was filed because the CM was not elected by fair and appropriate means to the house.

However, the court rejected the petition, stating it breaches the constitutional provision if the CM holds office without authority.

The Indian Constitution creates the office of the Chief Minister. So, a CM's office's main purpose is not supposed to be an assembly member.

Hence, it is improper to question the validity of the Chief Minister's election through this writ. They must be raised through an election petition.

Conditions For Issue of Quo Warranto:

The following conditions must be kept in mind while issuing quo warranto. 

• The office must be public, and the constitution must create it.
• It must be a substantive one.
• There must be an infringement in the constitution in appointing the person for that office.

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4. Must Know Writs For Cracking Legal Section in CLAT 2025 - Prohibition

The Latin meaning of the Prohibition writ is "to forbid." A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.

This writ can not be issued against administrative authorities, legislative bodies, and private individuals or bodies.

Prohibition writ can only be issued against judicial and quasi-judicial authorities.

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5. Must Know Writs For Cracking Legal Section in CLAT 2025 - Certiorari

The Latin meaning of the Certiorari writ is "to be certified" or "to be informed." This writ is similar to the Prohibition writ.

A higher court issues a certiorari writ in authority to a lower court or tribunal, ordering them to either transfer a pending case to itself or quash their order in a case.

This writ is issued on an excess of jurisdiction, lack of jurisdiction, or error of law, and it not only prevents but also cures mistakes in the judiciary.

• Pre-1991: The Certiorari writ used to be issued only against judicial and quasi-judicial authorities and not against administrative authorities
• Post-1991: The Supreme Court ruled that the certiorari writ can be issued even against administrative authorities affecting the rights of individuals
• Certiorari writ cannot be issued against legislative and private individuals or bodies.

Conditions For Issue of Writ of Certiorari:

• A court, tribunal or authorised person must have a legal right to act judicially.
• Such a court, tribunal, or officer must act or pass an order without jurisdiction or above judicial authority.
• If the order was against the principle of Natural Justice.
• If the order contains an error of judgement.
• If it is against the constitution or infringement of fundamental rights.

Difference Between Writ Jurisdictions of Supreme Court And High Court

Supreme Court	High Court
Article 32 empowers the Supreme Court of India to issue writs.	Article 226 empowers the high courts to issue writs.
The Supreme Court has broader territorial jurisdiction as it can issue writs nationwide.	The High Courts have narrower territorial jurisdiction as they can issue writs only in their local jurisdiction.
The Supreme Court can issue writs only to enforce fundamental rights. Thus, they have a narrow scope.	The High court can issue writs regarding both fundamental and Constitutional rights. Thus, comparatively, they have a wider scope.
Since Article 32 is a fundamental right, the Supreme Court cannot refuse to issue the writs.	Since Article 226 is a legal right, the High Courts have the discretion to issue the writ.

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Conclusion

Here are the key takeaways:

1. Understanding Writs:

   • Writs are written orders from the Supreme Court or High Court providing constitutional remedies against violations of fundamental rights.
   • Essential for interpreting and applying legal principles in the CLAT 2025 exam.

2. Types of Writs:

   • Habeas Corpus: Protects against unlawful detention, ensuring individual liberty.
   • Mandamus: Orders public officials to perform their duties.
   • Quo-Warranto: Challenges the legality of a person's claim to a public office.
   • Prohibition: Prevents lower courts from exceeding their jurisdiction.
   • Certiorari: Transfers or quashes orders from lower courts to correct jurisdictional errors.

3. Fundamental Rights:

   • Writs enforce fundamental rights such as equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies.

Summing Up - Revise all five writs to crack the legal section in CLAT 2025. Know the limitations and the landmark judgements related to all the writs.

Good luck with your preparation! Happy Reading!