5 Must Know Writs For Cracking Legal Section in CLAT 2025

5 Must Know Writs For Cracking Legal Section in CLAT 2025: The Legal Section in CLAT 2025 tests candidates’ knowledge of the law, ability to interpret the principles, and practical application of these laws and principles. Candidates must read the fundamental rights and related cases thoroughly to score well in this section.

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Must Know Writs For Cracking Legal Section in CLAT 2025 - Definition

• Right to equality (Articles 14-18),
• Right to freedom of religion (Articles 25 to 28),
• Cultural and educational rights (Articles 29 and 30),
• Right to constitutional remedies (Article 32),
• Right against exploitation (Articles 23 to 24),
• Right to freedom (Articles 19 to 22).

5 Types of Writs Under the Indian Constitution For Cracking Legal Section in CLAT 2025

• Habeas Corpus
• Mandamus
• Quo-Warranto
• Prohibition
• Certiorari

1. Habeas Corpus

• When detention is done under the rules and regulations of law.
• For proceedings related to contempt of a legislature or a court.
• When detention is done outside the jurisdiction of the court.
• Detention ordered by a competent court.

Important Article Related to Habeas Corpus

• Article 20: It states that protection should be granted in respect of conviction for certain offenses.
• Article 21 : It states that during conviction, protection of life and personal liberty should be granted.

Example : Sheela Barse vs State of Maharashtra Case

Limitations For Habeas Corpus

2. Mandamus

• To verify the validity of an elected person in a university syndicate
• The Nomination of members to a Legislative Council by the Governor
• Mayor in the municipal corporation
• Appointments related to a Chief Justice, Chief Minister, Attorney General, University Teachers,  Advocate, etc

• To implement any departmental rules or regulations if they are not under any statutory force.
• The Indian President or State Governors are exempted from this writ.
• To order someone to work, when the work is rather discretionary and not mandatory.
• For Chief Justice of a High Court working in a judicial capacity.
• To enforce a contractual obligation.

• The duty whose performance is examined for implementation must be a legal duty of a public nature.
• The performance of the duty or act must be obligatory.

Limitations For  Mandamus

• President or State Governors
• Duties on voluntary interest
• Against any private individual
• Chief Justice of High Courts

3. Quo-Warranto

Limitations For  Quo-Warranto

• Against private or ministerial offices.
• When the substantial public office of a ceaseless character created by an enactment or the Constitution is involved.

Example: Purushottam Lal vs the State of Rajasthan

• It should be a public office created by the Constitution of India.
• The office must be substantive.
• For the appointment of the person in that office, there must not be any transgression in the Constitution of India.

4. Prohibition

5. Certiorari

• Pre-1991: The Certiorari writ can only be issued against judicial and quasi-judicial authorities, excluding all administrative authorities.
• Post-1991 : In case, the administrative authorities violate the rights of individuals, the Supreme Court has the power to issue certiorari writ.
• It cannot be issued against legislative and private individuals or bodies.

• There must be a court, tribunal, or authorized person having a legal right to act judicially.
• Such a court, bench, or officer must act or pass an order without governance or above judicial authority.
• If the order violated the principle of Natural Justice.
• If an error of judgment occurs in the order.
• If it is against the constitution or contravention to fundamental rights.