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Five types of
writs can be issued by the Supreme Court or the High Courts for the protection of the
Fundamental Rights of the Indian citizens. These writs are are as under:
1. Habeas Corpus:
This writ is issued in the form of an order calling upon a person who has detained another person to bring
that person before the court to let it know under what authority he has detained that person. If the court does not
find any legal justification for detention, it can order immediate release of the detained person. It may be noted
that this writ is not issued if either the person arrested or the person against whom the writ is issued is outside the
jurisdiction of the court; or if the person has been imprisoned by a court of law on a criminal charge; or the person
is involved in proceedings for contempt of court or Parliament.
3. Prohibition to Restrain
This kind of writ is issued by the higher Courts to the lower Courts or the quasi-judicial bodies when the
latter exceed their judicial authority. The objective is to keep the inferior Courts or the quasi-judicial bodies within
the limits of their respective jurisdiction. The difference between Mandamus and Prohibition is that while the
former can be issued against judicial as well as administrative authorities, the latter is issued only against the
judicial or quasi-judicial authorities.
SUBJECT: GS
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