Habeas Corpus
"To have the body"Fundamental remedy against unlawful detention by State or private entities.
Key Technical Points
Can be filed by a friend or relative on behalf of the detained person.
Cannot be issued if the detention is under a lawful order of the court.
Primary goal is immediate release from illegal custody.
4 Landmark Judgments
- 1. ADM Jabalpur v. Shivkant Shukla (1976)
- 2. Sunil Batra v. Delhi Administration (1980)
- 3. Kanu Sanyal v. District Magistrate (1973)
- 4. Rudul Sah v. State of Bihar (1983)
Mandamus
"We Command"Directs a public official or body to perform a duty they have legally failed to do.
Key Technical Points
The applicant must have a specific legal right to the performance of the duty.
Cannot be issued against the President or State Governors.
Cannot be issued for purely private or contractual obligations.
4 Landmark Judgments
- 1. Gujarat State Financial Corp v. Lotus Hotels (1983)
- 2. Mani Subrat Jain v. State of Haryana (1977)
- 3. State of Mysore v. Chandrasekhara (1965)
- 4. Common Cause v. Union of India (2018)
Quo Warranto
"By What Authority"Asks a person to prove under what legal authority they hold a public office.
Key Technical Points
Used only for offices of a public nature created by statute/Constitution.
Prevents 'usurpation' (illegal taking) of a public office.
Can be sought by any interested person, not necessarily the aggrieved.
4 Landmark Judgments
- 1. University of Mysore v. Govinda Rao (1965)
- 2. G.D. Karkare v. T.L. Shevde (1952)
- 3. N. Kannadasan v. Ajay Khose (2009)
- 4. Rajesh Awasthi v. Nand Lal Jaiswal (2012)
Certiorari
"To Be Certified"Issued to quash an order passed by a lower court or tribunal due to lack of jurisdiction.
Key Technical Points
It is both 'Preventive' and 'Curative' in nature.
Issued when there is an "Error of Law apparent on the face of the record."
Traditionally against judicial bodies, now also against administrative ones.
4 Landmark Judgments
- 1. A.K. Kraipak v. Union of India (1969)
- 2. Province of Bombay v. Khushaldas Advani (1950)
- 3. Surya Dev Rai v. Ram Chander Rai (2003)
- 4. T.C. Basappa v. T. Nagappa (1954)
Prohibition
"Stay Order"Issued to stop a lower court from continuing a trial that is outside its legal power.
Key Technical Points
Unlike Certiorari, it is issued while the case is still pending.
Primary aim is to prevent a court from usurping jurisdiction.
It "forbids" the lower body to proceed further.
4 Landmark Judgments
- 1. East India Commercial Co v. Collector (1962)
- 2. S. Govinda Menon v. Union of India (1967)
- 3. Brij Khandelwal v. Union of India (1975)
- 4. Isha Beevi v. Tax Recovery Officer (1975)