A writ is generally used to protect the rights of an individual or to ensure the proper functioning of the system of justice. When a writ petition is filed, a court of higher rank demands the lower court to take a particular action to preserve the rights of a country and its citizens. Broadly classifying, there are several of types of writs in the judicial system; a few of these are discussed below.
The general Writ of Habeas Corpus definition states that a person should be released from detention if a writ is filed to present the defendant in court so as to argue the petitions filed in the charge sheet. The writ preserves the right of a citizen from being arrested unlawfully.
The phrase ‘Habeas Corpus’ is derived from the Latin language which means ‘You have the body”. If the detention does not have any legal basis, it will be annulled by the court, which should be respected by the detaining person or authority. It is also used when the life of a person is in danger following improper jail conditions or other risks during detention.
As the name suggests, the writ of prohibition is used by a body with administrative or judicial jurisdiction to prohibit a lower court from taking action on a particular case. The higher court will consider the case following this. This writ is used when it occurs that the lower court is outside jurisdiction to handle the particular case.
This writ is used to make sure that the Government system and its officers are following their duties properly. An administrative body of higher rank gives the writ of Mandamus to a subordinate court, corporation or public authority to demand additional care to be given on their duties and functions. The concerned authorities are required to forbear from doing certain acts that are unlawful.
Unlike the above-mentioned writs, this writ is filed by the lower court. It is used when a subordinate court finds that the decision made by a superior court appears to be inapt. The higher court will then be asked to review the decision it made and take required actions to fix it or take it back.
The parliament sometimes exercises the ‘dropping the writ’ where the parliament dissolute and begins an election campaign to form a new writ. The writ of habeas corpus definition is the most referred writ in the judiciary system.Google+