Types of Writs in Constitutional Law
Writ is a formal written order issued by a court of competent jurisdiction, especially a High Court, to an administrative officer or a relevant person for the performance of a particular act.
In English law, writs are of great importance. In the beginning, they were issued by the King, the Church, or the Chancery. However, in the early 19th century, these powers were transferred to the judiciary. In the present era, several types of writs are considered important.
1. Writ of Habeas Corpus:
The purpose of this writ is to provide immediate relief in connection with the release of a person from illegal detention or imprisonment. This writ is based on the protection of individual liberty.
2. Writ of Certiorari:
In which the High Court issues a writ to the name of criminal and civil courts. Under this, the High Court can demand the entire record of any case pending for decision from the subordinate court.
3. Writ of Prohibition:
In which the High Court can prevent a subordinate court from making any decision that is beyond the jurisdiction of that court.4. Writ of Mandamus:
In which the court can order a person, officer, corporation, or subordinate court to perform a specific duty. Or it can prohibit the said persons or authorities from doing a particular act.
5. Writ of Quo Warranto:
Under this writ, the High Court can ask a person who holds an office to show what right he has to hold that office. The burden of proving his right lies on the defendant in this case. The misuse and abuse of powers obtained under an office can also be challenged under this writ.
Examples of Writs in Pakistan
In Pakistan, the Supreme Court and the High Courts have the power to issue writs. These writs are used to protect the fundamental rights of citizens and to ensure that the government acts within the law.Writ of Habeas Corpus: In 2010, the Supreme Court of Pakistan issued a writ of habeas corpus to the government of Punjab, ordering the release of a man who had been detained without charge for over a year.
Writ of Certiorari: In 2012, the Lahore High Court issued a writ of certiorari to the Federal Board of Revenue, quashing an assessment order that had been issued illegally.
Writ of Prohibition: In 2013, the Peshawar High Court issued a writ of prohibition to the Election Commission of Pakistan, preventing it from holding by-elections in a constituency where there were allegations of voter fraud.
Writ of Mandamus: In 2014, the Islamabad High Court issued a writ of mandamus to the Ministry of Health, ordering it to provide free medical treatment to a child who was suffering from a rare disease.
Writ of Quo Warranto: In 2015, the Karachi High Court issued a writ of quo warranto to a person who had been elected to the provincial assembly, declaring his election void on the grounds that he had not been eligible to contest the election.
These are just a few examples of how writs are used in Pakistan to protect the rights of citizens and to ensure the rule of law.
Conclusion
Writs are an important tool for protecting the rights of citizens and ensuring the rule of law. They allow individuals to challenge the actions of the government and to seek redress for grievances. In Pakistan, the Supreme Court and the High Courts have the power to issue writs, and they have used this power to protect the rights of citizens in a wide range of cases.
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