The prerogative writs - indian perspective

Abstract

The Constitution of India broadly provides for five kinds of “prerogative” writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition. This study presents their legal status, namely their application, procedure and grounds for their application. The study concludes that, in India, the rule of law is supreme and judiciary has the right to interfere whenever there is deviation from this supremacy. The judiciary shall ensure that all administrative actions comply with legal limits and consider administrative measures to assess whether the authority has exercised powers, the authority misused or exceeded its powers, the authority committed an error of law, the authority violated principles of impartiality of the judiciary, the authority has violated the fundamental rights of individuals. The Judiciary stands to ensure that all administrative actions are confined to the limits of the law and examines administrative action to assess whether the authority has exercised its powers, whether the authority has abused or exceeded its powers, whether the authority has committed an error of law, whether the authority has violated the principles of natural justice, whether the authority has infringed the fundamental rights of persons.