Tag: Indianconstitution

5 Writs in Indian Constitution

Know about how to voice for your rights, legal bounds, and solve wrong conducts or mistakes by legal officials.

Writs! What do you mean by writs?

In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, and subpoenas are common types of writ, but many forms exist and have existed.

Why are Writs needed?

It is a constitutional remedy available to a person to bring his complaint or grievance against any administrative action to the notice of the court.

Types of Writs:

  • Writ of Habeas Corpus
  • Writ of Mandamus
  • Writ of Certiora
  • Writ of Prohibition
  • Writ of Quo-Warranto,

WRIT OF HABEAS CORPUS

It is also known as the “great writ”

Habeas Corpus means “Let us have the body.”. In other words, it means “you may have the body” which means that a person under arrest is to be brought before a judge or into court. It is an important writ for personal liberty. A person, who is arrested, can move the Court for the issue of Habeas Corpus. 

It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been detained lawfully or not. It ensures that a prisoner can be released from detention if the Court is convinced that the person is illegally detained—that is, detention lacking sufficient cause or evidence.

The person under arrest or any another person on his behalf can file a writ in this. Formal and informal applications in respect of the writ is accepted by the Courts. It is only a procedural remedy and does not necessarily protect other rights, such as the entitlement to a fair trial. A person cannot make the application for the Writ successively to different judges of the same court. 

In India, writs are issued by the Supreme Court under Article 32 of the Constitution of India and by the High Court under Article 226 of the Constitution of India.

Writ of Mandamus:

Mandamus means “We Command”. Mandamus is an order from a superior court to a lower court or tribunal or public authority to perform an act, within its duty. In short, it is an order to perform a duty which should have done but failed to do so.  It is the discretionary power of a court. It is simply to ensure rights are ensured and the Government Authorities perform their duties.

The writ of mandamus can be granted when there is right to compel the performance of some duty cast upon the authority. It can also be issued to public authority to restrain it from acting under a law which has been declared unconstitutional. The petitioner has a right recognized by law.

The writ cannot be granted when

  • Duty is not compulsory.
  • Against a private individual, private organization since they are not entrusted with public duty. 
  • To enforce an obligation arising out of contract.
  • Where the right of the petitioner has lapsed

Writ of Certiora

Certiorari means to be certified. The Writ of Certiorari can be issued by the Supreme Court or any High Court for retracting the order which is already passed by an inferior court and to properly investigate the matter and opinions objectively. A writ of certiorari is only granted when a Court has acted without or in excess of its jurisdiction and For correcting error of law. It cannot lie to remove merely ministerial act or to remove/cancel executive administrative acts. It is corrective in nature which means the purpose of this Writ is to correct an error.

When there is an error apparent on the record, it becomes a valid ground for issuing the Writ of Certiorari.

Certiorari can be resorted to only after the order or decision has been announced.

Writ of Prohibition

Writ of prohibition means to cease or to stop. it is also known as a ‘Stay Order’. When a lower court or a body tries to perform an action outside its jurisdiction, This Writ issued by a superior court to lower court or a tribunal to prohibit or forbidden it to do so. The Supreme Court can issue this Writ only where a fundamental right is affected.

In cases where the court is partly acting within its jurisdiction and partly outside it, the Writ will be issued against the act which is partly outside its jurisdiction. This Writ can be issued only when the proceedings are pending in the inferior court and not when an order has already been passed by that court. The Writ of Certiorari can be issued only when the order has passed.

Writ of Quo-Warranto

The word Quo-Warranto literally means “by what warrants?” and ‘by what authority’. It is issued restraining a person from acting in a public office to which is out of bounds. The business or the office in question is public office. The issue of summon is followed by legal proceedings, during which an individual’s right to hold an office or governmental privilege is challenged. 

Grounds on what it is issued.

The nature of the duties which arises from this office is public. The person against whom the Writ is sought to be issued is in actual possession of the office and is using such office.

Terrorism In India : An Overview

The unlawful use of force or violence against persons or property to indimate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

India has already been ranked among the top ten terrorism affected countries including states such as Jammu and Kashmir, Punjab, Tripura, Assam, Nagaland and Manipur. • There are other states also which have been victims of Naxalite terrorism.

 CAUSES OF TERRORISM IN INDIA

 • In India ,terrorism can be classified in 3 distinct parts: . Cross border terrorism in Jammu and Kashmir. . Terrorism in the hinterland. . Extreme violence and terrorism as an integral part of the ongoing insurgencies.

 • In a richly diverse society, politics of communalism and criminalisation, fanatic religious movements and irresponsible statements by political leaders, marginalised minority communities, high levels of youth unemployment, poverty, illiteracy etc. Provide an ideal fertile ground for terrorism to take root and thrive in India. India also remains highly vulnerable to terrorism by foreign terrorists, due to porous borders with all its neighbours and a long coast line.

 • As a result, the terrorists and insurgents continue to receive material support and funds from a number of sources.

 • India has experienced all kinds of terrorist attacks like hijacking and blowing up of aircrafts, the assassination of 2 of its prime ministers etc.

• Political cause: primary source of terrorism in India. For example, this ia primarily seen in Tripura and Assam. The political factors that resulted in terrorism included the failure of the government to control and manage large scale immigrants from Bangladesh.

 • Economic cause: Madhya Pradesh, Bihar, Orissa and Andhra Pradesh are prime examples. The economic factors include rural unemployment, exploitation of landless labourers by those who own land. These economic perceptions and grievances of gross social injustice have led to the rise of ideological groups of terrorists.

 • Religious causes: these are also primary sources of terrorism. In Punjab, some elements of Sikh belonging to different organisations shifted to terrorism to the development of an independent state known as Khalistan for Sikhs.

• State-sponsored terrorism: which consists of terrorist acts on a state or government by a state or a government.

 • Dissent-terrorism: which are terrorist groups that dissent against their government.

• Terrorists and the left and the right: which are the groups rooted in political ideologies.

 • Religious terrorism: terrorists groups that are extremely religiously motivated.

• Criminal terrorism: terrorists acts used to aid in crime and criminal profit.

Terrorism can undermine political moderation in a democracy, paving the way for more extreme elements to gain footholds. The death toll of a terrorist attack ,often inflicted in a spectacular way that draws media attention and leads to political criticism, can undermine faith in government.  The secular, pluralistic, ethnically diverse, and vibrant democracy that India has nurtured ever since its independence on 1947 has become the envy of many radical and extremist ideologies.

IMPACT OF TERRORISM

Firstly, it creates a state of panic amongst the citizens. The bomb blasts or firing impacts the mental health of the people.  Terrorist attacks create a sense of doubt in the foreign investors of India. This causes a huge blow to the business of India depending upon them. Thus, it damages the economy. As terrorist attacks cause loss of life and property, the replenishment takes up a lot of capital. There are political effects of terrorism in India. The killing of ex prime ministers of India, Mrs. Indira Gandhi and Mr. Rajiv Gandhi, by terrorists ,effected Indian politics and economy at large. Due to 26/11 Mumbai attack , Home minister Mr. Shivraj Patil, chief minister Vilasrao Deshmukh had to resign. This unstabilized the Indian industry.  The financial markets have been directly and indirectly the victims of terrorist attacks. In the aftermath of attacks, the financial markets were not only confronted with major activity disruptions caused by the massive damage to property and communication systems, but also with rising levels of uncertainty and market volatility.

STRATEGIES ADOPTED BY INDIAN AGENCIES FIGHTING TERROR.

NIA : A central government investigative agency to probe terror attacks in the country ,created by an act of the parliament of India on December 31,2008, following the Mumbai terror attack of November 2008. Full form is National Investigation Agency.

 • Intelligence agencies: There are a set of agencies responsible for fighting terrorism in India. A major agency utilized for gathering cross border information is the Research and Analysis wing(RAW)- the external intelligence agency. The Intelligence Bureau(IB), a division of the home affairs ministry is responsible for collecting intelligence information inside India

. • NATGRID: National Intelligence Grid is an intelligence grid interconnecting certain agencies of the government of India to collect and share intelligence that could be used by the intelligence agencies of various departments.

 • CAPF: Centre Armed Police Forces are used extensively in Maoist areas , Kashmir and North-east.

Terrorism in India poses a significant threat to the people of India. Ideologies and brain drain are among one of the important thing to keep in mind as causes of this crime. Terrorist attacks leave deterrent effects on society, political instability for the government and loss to the economy, in form of national and international business. Terrorism is very dangerous as it not only kills the human life but also the infrastructure, industry, ultimately damages its overall growth