A detailed overview of the types of writs in India

Writ Work » A detailed overview of the types of writs in India

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The constitution of India regulates the functioning of the nation. It can be considered a sack full of sections, laws, and orders that are made keeping the welfare of the public in mind. 

There are many terms used in the Indian constitution that may not be known to the general public. However, having a good knowledge of the same is very important, as one needs to know their rights, and how India’s constitution functions. This not only makes citizens aware of the law and order but also helps produce future officers and lawyers.

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One of the most questioned terms is “writs”. This article gives a detailed overview of writs and types of writs in India. Before we move on to the types of writs, let’s know what writs are.

What Is A Writ?

A writ is a formal, legal document that orders an entity or a person to perform or to cease performing a particular deed or action. Writs are usually drafted by courts, judges, or entities that have judicial or administrative jurisdiction.
Writs are an important part of common law and are issued after a judgment is passed, giving the ones involved in a suit the ability to carry out the judgment. 

They can also be termed as written orders from the High Court or the Supreme Court that command constitutional remedies for the citizens of India against the violation of any of their fundamental rights.
Article 32 of the Indian constitution gives the Supreme Court of India the power to issue writs for the enforcement of rights, while the High Court has the same power through Article 226 of the constitution of India.

 How Do Writs Work?

Many people ask “what is writs in the Indian constitution?”. It can be termed as an order or a document that can direct any form of action from a court. In simpler terms, writs give directions to a party from an entity that has administrative or jurisdictional power. 

Writs were created to be a part of the English common law system and were primarily issued by Anglo-Saxon monarchs.
They were written decrees that comprised administrative commands written in layman’s terms, authenticated by a royal seal at the bottom of the document. On getting issued, writs advised courts of land-granting conveyances. In some cases, they were used to carry out judicial orders. While many writs were deemed open and read aloud in public, others were meant merely for the parties named.

They were later developed as a way to direct the orders of the authorities, both legal and otherwise, to perform certain actions. A modern writ also directs orders from higher to lower courts, from a court to an individual or an entity, or from a government entity/ agency to a party.
A writ can command a party to either take a specific action or stop it from doing it in a certain way. In today’s time, courts also use writs as a way to provide extraordinary relief or rights to appeal court decisions. They also give authorities, like sheriffs the right to seize properties.

Types Of Writs In the Indian Constitution

The Supreme court exercises its power to defend the fundamental rights of the citizens of India. There are 5 types of writs that the Supreme Court issues to enforce the fundamental right of the citizens. These types are as follows:

Habeas Corpus

The Latin word ‘Habeas Corpus’ means ‘to have the body of.’ This type of writ is used to enforce the fundamental rights of an individual or a party against unlawful detention.
Through this writ, the Supreme Court or the High Court orders an individual who has arrested another individual to bring the body of the latter before the court.

Here are some facts about Habeas Corpus:

    • he Supreme Court or High Court can issue this writ against public and private authorities.
  • Habeas Corpus can not be issued in the following cases:
    • When the detention is lawful
    • When the proceeding is for the contempt of a court or a legislature 
    • When the detention is by a competent court
    • When the detention is outside the jurisdiction of the court


The meaning of this type of writ is ‘We command’. It is used by the authorized court to order the public official to resume their work if they have failed to perform their duty or refuse to perform their duty. Apart from this, Mandamus can be issued against any corporation, public body, a lower court, government, or a tribunal for the same purpose. 

Here are some facts about Mandamus:

    • Mandamus can only be issued against a public official and not against a private individual
  • Mandamus can not be issued in the following cases:
      • To enforce departmental instructions that do not possess statutory force.
      • To order someone to work when the kind of work is discretionary and not mandatory
      • To enforce a contractual obligation.
      • Mandamus can’t be issued against the President of India or State Governors.
      • Mandamus cannot be issued against the Chief Justice of a High Court acting in a judicial capacity.


The word ‘Prohibition’ means ‘To forbid’. Herein, a court that is higher in position issues a Prohibition writ against a court that is at a lower position to prevent the latter from usurping a jurisdiction that it doesn’t possess or exceeding its jurisdiction. It can be said that this type of writ directs inactivity. 

Here are some facts about Prohibition:

  • Prohibition can only be issued against quasi-judicial and judicial authorities
  • Prohibition writ cannot be issued against administrative authorities, private individuals or bodies, or legislative bodies


The word ‘Certiorari’ means ‘To be certified’ or ‘To be informed’. It is issued by a court that has a higher authority over a lower court or tribunal ordering them to either transfer a pending case with them to itself or to quash their order in a case. This type of writ is issued based on excess jurisdiction or lack of jurisdiction or an error of the law. 

Here are some facts about Certiorari:

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


The word ‘Quo-Warranto’ means ‘By what authority or warrant’. This writ is issued by the Supreme Court or the High Court to prevent the illegal usurpation of a public office by an individual. The court enquires into the legality of a claim of an individual to a public office through this writ. 

Here are some facts about Quo-Warranto:

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

The role of writs in administrative law is very important. They act as a channel to convey orders to parties, individuals, or public officials or bodies.


The constitution of India not only regulates the law and order of the country but also keeps people’s fundamental rights in check. There are many sections and articles that support the fundamental right of Indian citizens. However, many people are unaware of any such terms. One of these terms is ‘writ’. 

A writ is an order or document that directs any form of action from the authoritative court. Usually, only the Supreme Court and the High Court have the power to issue a writ. 

Many people ask “who can file a writ petition?”; any person who believes that their fundamental rights have been infringed by the state can file a writ petition.

Apart from this, there are 5 types of writs issued by the court, them being Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto. 

The role that writs play in the Indian constitution is vital. They are a legal channel through which authoritative courts order specific forms of action. 

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According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.