Often we hear such words from lawyers or people around whom any trial is going on, but we do not know what it is? difference between petition and writ? Today we will understand through this, what is the difference between these two words?
Writ
A formal written order was given by the court. It can be any order, warrant, and instruction, etc. writ is always issuing by the Supreme Court and High Court of India. The Constitution of India allows the Supreme Court to grant writings. This will protect fundamental rights. It is provided by the Constitution of India under Article 32.
Here are some type of Writ:-
Prohibition, Quo Warranto, Habeas Corpus, Mandamus, and Writ of Certiorari
Prohibition
The nature of prohibition is prohibitive in nature. It helps prevent the subordinate from taking action that prevents the law.
Habeas Corpus
As u can see “Habeas corpus” is a Latin word It means “you can have a body”. The writ is issued to the person who is produced before the court in jail or in personal custody and the person is released if the custody is found to be illegal.
Writ of Certiorari
The writ of inducing article means “to be informed of what is going on”. Only after the decision is given by the lower court can he demand the lower court to give the record of a particular case to the High Court.
Mandamus
Supreme Court or High Court to order public authority or tribunal or a lower court to perform public or statutory duties. Simply, it is a writ issued to a public official to do an act which is a part of his official duty, but which he has failed to do.
Quo Warranto
To writ is mainly issued to obtain the validity of a claim of a public office or person. The idea of preventing a person from holding a public office with whom he is not entitled.
petition
To whom it provides a basic outline of the case. Its main purpose is sending the defendants with a notice of formal request, which is appealed to the authority in relation to a particular cause by many. In other words, it is a formal application made in a particular case court as a request action.
Difference between Writ and Petition
The major difference between these two is that under the Writ Act 226 there is a constitutional remedy for all people. It is raised by a legal authority. But a petition is a form of writ raised by the people in the form of a request for a legal authority that seeks to take action regarding a particular cause.
Writ and petitions are mainly used by lawyers in India.
