DON'T LET INJUSTICE STAND : HOW TO USE WRITS TO SEEK JUSTICE?

 A writ is a formal written order issued by a court or other governmental authority . In India writs are used as legal remedy to address various types of issues.

 The provisions for writs in India are contained in part 3 of the constitution of India, which deals with fundamental rights. Article 32 of the constitution grants the right to move the Supreme Court for the enforcement of fundamental rights, and allows the court to issue writs for the purpose of enforcing these rights. 

 Article 226 of the constitution grants similar powers to the High courts,  allowing them to issue writs for the enforcement of fundamental rights and for other purposes. The High courts have the power to issue writs to any person or authority with in their jurisdiction , including  the government, a public authority, or any other person or body of persons.  

In addition to these constitutional provisions , the SC and HC have the power to issue writs under their respective rules of procedure. These rules provide the detailed procedures for filing and pursuing writs, and outline the grounds on which writs can be issued.

There are several types of writs that can be filed in India ,including,

• Habeas Corpus : A writ of habeas corpus is used to challenge the legality of detention or imprisonment. It requires the authorities to produce the person who is being detained before the court , so that the court can determine whether the detention is legal.
• Mandamus : A writ of Mandamus is used to direct a public authority or government official to perform their duties or functions. It can be used to challenge a decision or action taken by the government that is deemed to be illegal or unreasonable.
• Certiorari : It is used to review the decision of a lower court or tribunal. It can be used to challenge the jurisdiction of the lower court , or to argue that the decision was made in error or was based on an innocent interpretation of law.
• Prohibition : I t is used to prevent a lower court or tribunal from exceeding its jurisdiction or from proceeding with case outside of is jurisdiction.
• Quo warranto : It is used to challenge the legality of a person holding a public office or performing a public function. It can be used to question the validity of an election or appointment to a public office.

ISSUES

• Lack of awareness.
• complex legal process.
• Limited access to justice.
• Delays in the legal process.
• Lack of enforcement.

WAY FORWARD

Increase awareness among people by educating them. Streamline the process and procedures involved and  thus reduce cost and time involved. Provide legal aid or other forms of support to people who need it , thus expand the access to justice. Improve efficiency and enhance legal enforcement.