Which of the following cannot be included in the category of writs?

The correct answer is Injunction

Key Points

• Injunction is not a writ but rather an equitable remedy used to restrain a party from doing a particular act or compelling them to perform an act.
• A writ is a formal written order issued by a judicial authority, and injunctions do not fall under this category.
• The Constitution of India provides for five types of writs—Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
• Injunctions are governed under the Civil Procedure Code (CPC), not under constitutional provisions for writs.

Additional Information

• Habeas Corpus: This writ is used to bring a person who has been detained unlawfully before a court to determine whether their detention is lawful. It literally means "you may have the body."
• Prohibition: This writ is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction.
• Quo Warranto: This writ is issued to question the legality of someone holding a public office. It translates to "by what authority?" and ensures that the person in question is qualified to hold the position.
• Certiorari: Although not directly mentioned in the options, this is another writ issued by a higher court to a lower court or tribunal, directing them to transfer a case to the higher court for review.
• Mandamus: While not part of the question, it is another important writ issued to compel a public authority to perform a duty that they are obligated to do.
• Injunction: As stated earlier, injunctions are not writs but are judicial orders under the Civil Procedure Code (CPC) to prevent irreparable harm or injustice.