The five constitutional remedies provide for different kinds of relief. These are mentioned below:
- Habeas Corpus: Under this, a petition can be filed by any aggrieved person or anyone on behalf of the aggrieved person for the relief to not be illegally kept in police custody.1 A petition can also be filed on behalf of a prisoner who is being ill-treated in prison.1
- Mandamus: Under this, a petition can be filed by any aggrieved person who seeks a public authority to do something that they are supposed to do or not do something that they are not supposed to do. For instance, if a person has not been appointed to a position they were supposed to be in, relief can be sought by such an aggrieved person by filing a petition.2
- Certiorari– This is filed by a person whose case is decided by a court which does not have the necessary power to do so. Such a person may seek the relief of their case being decided by an appropriate court after the existing decision is quashed.3
- Prohibition– This is filed by a person whose case is being decided by a court which does not have the power to decide it. Such a person may seek the relief of their case being transferred to the appropriate court while the case is still going on.4
- Quo Warranto– Relief under this can be sought by a person who is aggrieved by a person being appointed to a position in a government office which they do not have the requisite qualification to hold.5
Relief can also be sought by an aggrieved person against the appointment of any High Court judge.6
- Sunil Batra v. Delhi Administration, 1980 AIR 1579.[↩][↩]
- State of Mysore & Anr. v. K.N. Chandrasekhara & Ors., 1965 AIR (SC) 532.[↩]
- Province of Bombay v. Kusaldas S. Advani & Ors., 1950 AIR 222.[↩]
- S. Govind Menon v. Union of India, AIR 1954 Pat 297.[↩]
- The University of Mysore v. C.D. Govind Rao, 1965 AIR 491.[↩]
- Shiam Sundar v. State of Punjab, Civil WP No. 607 of 1956.[↩]