Habeas Corpus

A writ of Habeas Corpus calls upon the person who has detained another to produce the latter before the court, in order to let the court know on what ground he has been confined and to set him free if there is no legal justification for the imprisonment. The words ‘habeas corpus’ literally mean ‘to have a body’. This writ may be addressed to an official or a private person, who has another person in his custody.

Mandamus literally means a command. It commands the person to whom it is addressed to perform some public or quasi- public legal duty which he has refused to perform and the performance of which cannot be enforced by any other adequate legal remedy. Mandamus cannot be enforced by any other adequate legal remedy. Mandamus cannot be granted against the President, or the Governor of a state, for the exercise and performance of the powers and duties of his office.

The writ of Prohibition is a writ issued by the Supreme Court or a High Court to an inferior court forbidding the latter to continue proceeding therein in excess if its jurisdiction or to usurp a jurisdiction with which it is not legally vested.

While mandamus is available not only against judicial authorities but also against administrative authorities, prohibition and certiorari are issued only against judicial or quasi-judicial authorities.

Though prohibition and certiorari are both issued against Court or Tribunals exercising judicial or quasi-judicial powers, certiorari is issued to quash order or decision of the Court or Tribunal while prohibition is issued to prohibit though Court or Tribunal from making the ultra vires order or decision. Prohibition is available during the pendency of the proceeding and before the order is made, certiorari can be issued only after the order has been made.