Simone Lawson
The Constitution of Pakistan, also known as the 1973 Constitution, is the supreme law of Pakistan. It guides Pakistan's law, political culture, and system. The Constitution provides fundamental rights to its citizens, including freedom of speech, religion, press, movement, association, thought, and intellectual property, as well as the right to bear arms. It also outlines the structure of the government, with a parliamentary form of government and a prime minister as its head. Under the Constitution, the High Courts and the Supreme Court have the power to issue prerogative writs, which are a means of enforcing citizens' fundamental rights. These writs include habeas corpus, mandamus, certiorari, prohibition, and quo warranto. Any citizen of Pakistan can file a writ petition to enforce their rights against the government and its agencies. The writ jurisdiction of the High Courts is an important aspect of Pakistan's legal system, providing a remedy for citizens when there is no other adequate legal recourse.
| Characteristics | Values |
|---|---|
| Number of writs | 6 |
| Who can file a writ petition? | Any citizen of Pakistan or a foreigner for enforcing their right to life and equality before the law |
| Who can a writ be filed against? | Only the state, not a private individual or corporation |
| What is the writ process? | Writs are issued by the Supreme Court and High Courts to protect fundamental rights |
| What are the types of writs? | Certiorari, habeas corpus, mandamus, prohibition, quo warranto, procedendo |
| What is the writ jurisdiction of the High Courts? | Article 199 of the Constitution confers wide powers of judicial review on Provincial High Courts in Pakistan |
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What You'll Learn
The writ of habeas corpus
In Pakistan, the writ of habeas corpus is provided for in Article 99 of the 1973 Constitution of the Islamic Republic of Pakistan. This article specifically provides for the issuance of a writ of habeas corpus, empowering the courts to exercise this prerogative: Article 199. Jurisdiction of High Court.—Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law, that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.
Any citizen of Pakistan can file a writ petition, and a foreigner can also file a writ petition for enforcing his right to life and equality before the law. The writ petition is a kind of remedy given to people of Pakistan for the enforcement of their rights against the Government and its various agencies. A writ can only be filed against the state and is not maintainable against private individuals or corporations. However, a private individual or corporation can be a party to the writ petition if the relief sought in the writ petition affects their interests.
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Certiorari
Pakistan's constitution has been amended several times since the country's independence in 1947. The first constitution was approved in 1956, followed by a second in 1962, and the most recent version, the 1973 Constitution, is the supreme law of the country.
The 1956 Constitution established a parliamentary form of government, declaring Pakistan an "Islamic Republic" and outlining fundamental rights and freedoms. It also provided for the writ of certiorari, among other prerogative writs.
The writ of certiorari is a legal order issued by a higher court to a lower court, directing it to send the records of a particular case for review. This prerogative writ is a means for the Crown, acting through its courts, to exert control over inferior courts or public authorities. In the context of Pakistan's legal system, the writ of certiorari is addressed in the 1973 Constitution, which outlines the extraordinary jurisdiction of the High Courts.
Article 199 of the 1973 Constitution grants Provincial High Courts in Pakistan wide powers of judicial review. The orders issued under this article are known as writs, including the writ of certiorari. This writ enables the High Courts to issue directions and orders to any person or authority within the country, calling into question their acts or intended acts in specified circumstances.
Any citizen of Pakistan can file a writ petition, and a writ can be filed against the state. However, it is important to explore alternative remedies and notify the relevant public authorities before approaching the courts. The court must also be satisfied that the petitioner has suffered a legal grievance and that no other equally efficacious and expeditious remedy is available before issuing a writ.
In conclusion, the writ of certiorari is an important tool in Pakistan's legal system, enabling the High Courts to review the decisions and actions of lower courts and public authorities, thereby upholding the fundamental rights and freedoms enshrined in the country's constitution.
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Mandamus
The Constitution of Pakistan, also known as the 1973 Constitution, is the supreme law of Pakistan. The document guides Pakistan's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and also the structure and establishment of the institutions and the armed forces.
The 1973 Constitution of Pakistan provides for the issuing of writs by the High Courts to any person or authority in the country, prohibiting, commanding, or calling into question acts done or intended to be done by such persons or authorities, in specified circumstances. The writs provided by the Constitution of Pakistan include mandamus, certiorari, prohibition, quo warranto, and habeas corpus.
A writ petition is a kind of remedy given to the people of Pakistan for the enforcement of their rights against the government and its various agencies. Any citizen of Pakistan can file a writ petition, and a foreigner can also file a writ petition for enforcing their right to life and equality before the law. A writ can only be filed against the state and is not maintainable against private individuals or corporations. However, a private individual or corporation can be a party to the writ petition if the relief sought in the writ petition affects their interests.
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Prohibition
The Constitution of Pakistan, also known as the 1973 Constitution, is the supreme law of Pakistan. It guides Pakistan's law, political culture, and system. The first three chapters establish the rules, mandate, and powers of the three branches of the government: a bicameral legislature, an executive branch governed by the Prime Minister, and an apex federal judiciary headed by the Supreme Court.
The writ is a formal written order issued by a court to enforce fundamental rights. Any citizen of Pakistan can file a writ petition, and a foreigner can file a writ petition to enforce their right to life and equality before the law. The writ petition is a kind of remedy given to the people of Pakistan for the enforcement of their rights against the government and its various agencies.
A writ can be filed only against the state and is not maintainable against private individuals or corporations. However, a private individual or corporation can be a party to the writ petition if the relief sought in the writ petition affects their interests. The writs of prohibition and mandamus are provided by clause (2) (a) (i) of Article 199 of the 1973 Constitution.
The writ of prohibition is usually sought when requesting an order from a higher court that an inferior court or tribunal be prohibited from undertaking further action on a case pending before it, commonly known as a stay of proceedings. The writ of prohibition can also be used to prohibit acts beyond the jurisdiction of the court. The High Court has jurisdiction to issue writs for violations of both fundamental rights and legal rights.
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Quo warranto
The Constitution of Pakistan, also known as the 1973 Constitution, is the supreme law of the country. It outlines the fundamental rights of the population, the state's law and order, and the structure of the government and its institutions.
The 1973 Constitution provides for the issuing of prerogative writs by the High Courts. These include the writs of prohibition, mandamus, certiorari, habeas corpus, and quo warranto. The writ of quo warranto is a prerogative writ that requires a person to show the authority by which they exercise a certain power or right. It is a means by which the Crown, acting through its courts, can control inferior courts or public authorities.
The writ of quo warranto, derived from Medieval Latin, translates to "by what warrant". It is issued by a court to inquire into the legality of an individual's claim to a public office. The purpose of this writ is to prevent an individual from holding a public office that they are not entitled to. The writ of quo warranto is not applicable to private offices.
In Pakistan, any citizen can file a writ petition, and a foreigner can file a writ petition to enforce their right to life and equality before the law. A writ can only be filed against the state and is not maintainable against private individuals or corporations. The writ jurisdiction of the High Courts in Pakistan is conferred by the Constitution or by law, as outlined in Article 175(2) of the 1973 Constitution.
Historically, the most famous instance of the writ of quo warranto was the action taken by Charles II against the Corporation of London in 1683. The King's Bench ruled that the charter and franchises of the City of London were to be forfeited to the Crown, but this decision was later reversed by the London, Quo Warranto Judgment Reversed Act 1689.
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Frequently asked questions
Six writs are traditionally classified as prerogative writs.
The six prerogative writs are: certiorari, habeas corpus, mandamus, prohibition, quo warranto, and procedendo.
A writ is a legal order that directs another arm of government, such as an agency, official, or court, to do something or stop doing something.
Any citizen of Pakistan can file a writ petition. A foreigner can also file a writ petition to enforce their right to life and equality before the law.
The court must be satisfied that an aggrieved party has applied and that no other equally effective, expeditious, and inexpensive remedy is available under the law.
