A NOTE ON WRITS UNDER THE INDIAN CONSTITUTION

This article is written by Rajhansh of B.A.LL.B of 3^rd Semester of RNB Global University, Bikaner, an intern under Legal Vidhiya

ABSTRACT

This research paper discusses the importance and role of writs in the Indian judicial system. Writs are privilege orders given by the concerned courts for the protection of fundamental rights and for ensuring that the rule of law is in place. Pertained by Articles 32 and 226 of the Constitution of India, the Supreme Court and High Courts are the institutions who are empowered with the issuance of writs, hence they become potent tools of Supervision of Justice and safeguarding the personal rights of the individuals. The paper focuses on the five kinds of writs-Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, tracing their history, usage criteria, and effect on judicial processes. It also explores the constraints and problems about the writ, the latest trends and perspectives, and the analysis through comparative focus on the writ practices in other jurisdictions. By such an exhaustive study, the paper seeks to enhance the knowledge on the constraints within which writs are used thereby contributing to the maintenance of judicial legitimacy, accountability and rights protection in contemporary India.

KEYWORDS

Writs, Fundamental Rights, Supreme Court, High Courts, Article 32, Article 226, Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto, Indian Constitution, Rule of Law, Legal Framework, Judicial Authority, Enforcement of Rights, Safeguarding Rights, Judicial Powers, Legal System.

INTRODUCTION

Writs are the types of commands that are issued by courts so as to compel compliance, provide a remedy to a situation, or prevent some wrongs from happening or even redress the wrongs. They are the orders of the courts and serve the purpose of ensuring that the rights and freedoms of the citizens are not abused by the public or even the state. It is important to note that writs have their source in common law in England where they are said to have originated as royal commands but gradually developed into judicial tools. In India, writs are one of the key instruments of constitutional provision which give adjudicating authority to the Supreme Court and High Courts to guard the rights of the people.

India’s Constitution empowers the Supreme Court under Article 32 to issue writs with the primary objective of safeguarding basic rights of citizen of India, while Article 226 allows High Courts to issue writs in respect of not only fundamental rights, but also other legal entitlements. Every case of grievance, involving five kinds of writ,—Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto, corresponds to a separate legal recourse which helps to achieve the ends of law. For the ordinary citizens seeking defence, and for the judiciary in safeguarding the balance of powers in the executive, writs have come to be strong instruments.

Writs are administrative documents provided by the courts that assist in the conduct of the legal affairs in India. They are written commands that establish relations between the courts and the people. Writs have been provided in the Constitution of India under Articles 32 and 226 giving powers to the Supreme Court and the High Courts to entertain the violation of fundamental rights.

The utility of writs is as old as Roman law which was later brought into use with more enhanced modifications in the English legal system. Writ’s as the legal tool for self-redress or grievance in India evolved gradually to become part of constitutional law.

The objective of this article is to look at these writs as instruments of self-help and search their nature and origin and how they can be used to promote justice in India. The focus will be on assessing how each of these writs actually assists individuals to defend their freedoms. The purpose is to highlight the need for using these writs as guardians of justice in the Indian legal system.

The development of the practice of writs throughout history illustrates the importance of making justice not only an ideal but also in a reality. The practice has changed from being an order made by kings to a legal instrument used by the citizens. The shift from sovereign’s command to a constitutional democracy indicating that summons or writs will always remain important to the changing times and society.

In contemporary Indian scenarios, writs act as an effective check of the state and its authorities. Writs facilitated people to seek redress against illegal detention, enforce public duty, and correct errors in jurisdiction and thereby make the supreme authority the state itself. Such powers of jurisdiction are very significant in any democracy as it checks the excess power of sovereignty.

Besides, the issuing of writs also boosts people’s faith in the law. It is a valid factor, sentiments where there is a constitutional arrangement for the people of this country to seek legal action against breaches of their rights, no one is above the law. This assurance is foundation to the legitimacy and integrity of the judiciary, making writs indispensable in the ongoing effort to achieve justice and equality for all.

TYPES OF WRITS UNDER THE INDIAN CONSTITUTION

1. Habeas Corpus: Derived from Latin, meaning “ to have the body of ” this writ is one of the most powerful tools used to defend individual liberty from lawless and indefinite imprisonment. Historically, Habeas Corpus was used in English law as early as the twelfth century, allowing for no man to be interned unlawfully. Habeas Corpus comes into play in situations where an individual have found it useful to argue that their lives have been grossly or unjustifiably violated by being illegally arrested, detained without trial, or tormented in wrongful custody. The writ orders the authority that has detained a person to produce the said person before the court in order to ascertain the legality of the proceedings. In India, the case of ADM Jabalpur v. Shivkant Shukla (1976), otherwise known as the Habeas Corpus case during the time of Emergency, reinforced the absolute significance of this writ as a means of protecting personal liberty. The ruling made by the court which was quite contentious gravitated a wide-ranging debate stemming from concerns of civil liberties.[1]
2. Mandamus: The phrase “Mandamus” means “we command”. This type of writ is issued by a superior court to an inferior court or a tribunal or a person in authority requiring him to perform a certain duty which he is actually legally bound to perform. This type of writ has its birth in the common English law, which allows the proper exercise of power without biasness or neglect. This writ is appropriate in situations where a public authority is in default or has refused to carry out its duty, such as provision of licenses, supervision of free and fair elections or implementation of the public health policy. Mandamus tells the authority to perform a task or undo a wrong action. In case of Gujarat State Financial Corporation v. Lotus Hotels Pvt. Ltd in 1983 the supreme court of India empowered the petitioner with a writ of mandamus to direct the financial corporation to carry out its function of giving out a loan to the petitioner and the court affirmed that the authority was liable to perform its obligation under the law.[2]
3. Prohibition: The word “Prohibition” means ‘to stop or forbid’. This writ restrains a lower court or tribunal from acting beyond its lawful authority. This writ is traced back to English law where it was mainly used to limit the scope of jurisdiction of lower courts. Prohibition applies where a lower court or tribunal has, or is about to act in excess of its jurisdiction or where such action would be contrary to law. It effectively stops further action in the proceedings concerned. In the case of East India Commercial Co. Ltd. v. Collector of Customs (1962) the Supreme Court of India issuing a writ of Prohibition to prevent the Customs authority from exceeding its jurisdiction, thereby ensuring adherence to jurisdictional limits.[3]
4. Certiorari: The term “Certiorari” means to be informed or to be certified. This writ permits a higher authority, such as a court, to take cognizance of an order made by the lower courts or tribunals for purposes of modifying it or correcting it, in order to ascertain whether the authority has acted within its wide. Over time, Certiorari has evolved from being a strict English law into a supervisory jurisdiction over all the issued from a lower court or tribunal which may contain errors of law or Express over Jurisdiction, natural justice concept being embedded in the issues at hand. Naturally, it follows that this power gives effect to undoing any orders made by peculiarly lower courts if inequitable or making amendments thereof. Given the circumstances, it goes without saying the Certiorari will be valuable to the extent that the Lower courts or inferior tribunals issued orders. In Syed Yakoob v. Radhakrishnan (1964), the Supreme Court used Certiorari to rectify jurisdictional errors, underscoring its role in ensuring legal correctness in judicial and quasi-judicial actions.[4]
5. Quo Warranto: The term Quo Warranto means “where is your authority”. Essentially, this writ puts into question the ability of an individual who purports to hold a public office, most times legal authority, to act in that given capacity. Quo Warranto reverses and traces its origin from common law, against Fraudulent Occupancy of employment positions. Its applicable when an individual lawfully is found occupying a Public Office. This writ is satisfied when a legitimate office person is at the bank doing business unlawfully, and this automatically secures its purposes, as advanced by the case of University of Mysore v. Govinda Rao (1964) exemplifies the writ of Quo Warranto, where the Supreme Court examined the qualifications and legal authority of an individual holding a public office, thereby ensuring that the office is occupied by a legally eligible person. [5]

FUNCTIONS AND IMPORTANCE OF WRITS UNDER THE INDIAN CONSTITUTION

1. Protection of the Fundamental Rights: Writs can be said to be the means of preserving the fundamental rights that have been accorded to individuals and recognized within the Constitution. It allows for a breach of rights to be remedied through the court of law. For instance, the writ of Habeas Corpus stands out as the best option of ensuring protection of one’s personal liberty from illegal detention. It ensures that people are not deprived of their liberty without due processes of law being followed. In the same way, the writ of Mandamus enforces the performance of the statutory duties by the concerned public authorities by protecting the rights of the citizens.
2. Ensuring Judicial Oversight on Administrative Actions: Writs help in overriding and controlling administrative actions. This includes the intervention of the courts when there has been an act of a public authority in particular which had taken an unlawful decision which is not in conformity with the law. Two writs that are Prohibition and Certiorari can be used in this instance. Prohibition is an order addressed to a lower court or tribunal forbidding it to act outside its jurisdiction. Certiorari is the counterpart of Prohibition which enables the superior courts to correct the errors occurred in the proceedings of lower courts. These writs ensure that unlawful actions are not sustained and any constituted body acting beyond its power is put in check.
3. Maintaining the Rule of Law: The rule of law is a legal principle according to which every citizen is subject to the law. Every law has an outline about the procedures. A writ has been created to make sure there are remedies available for the violation of legal rights. That is, every individual or public authority has to abide by the law with no exceptions. The writ of Quo Warranto, for example, questions the why an individual holds a certain office. Thereby, this prevents unauthorized persons from exercising public functions and ensures that lawful governance is maintained. Through these writs, it is ensured that there is no excess of potential authoritarianism.
4. Promoting Checks and Balances Between Different Branches of Government: Promoting the government’s overreach is something that’s very concerning mostly for the law-abiding citizens. Writs are also necessary in fostering checks and balances within the government. The primary purpose of these writs is to achieve illumination on whichever constitution wields the paramount authority. The balance in the separation of powers function is maintained through these writs, which enables the judicial branch in reviewing both the executive and legislative actions. This function is critical in a democratic setup, where the separation of powers is a cornerstone of governance. For example, The primary purpose of a case filed under this writ would be to obtain a court order that requires a person to do something. An executive, for example, who would be trying to act beyond the scope defines for them.[6]

CHALLENGES AND ISSUES

1. Limitations and Misuse of Writs: Writs though such powerful instruments of law designed to cater for the protection of fundamental rights have at times been abused. Some frivolous or vexatious writ petitions may be lodged expecting only to harass or delay proceedings rather than seeking redress to a and wrong. This abuse of the writs causes a strain on the judiciary, bringing unnecessary lags and straining the productive judicial arms. In addition such abuse affects the image of the law and shifts focus away from the pertinent issues. There is need to ascertain that writs are used properly and in good faith in order not to undermine this legal remedy.
2. Jurisdictional Challenges: Jurisdictional issues remain a major drawback in the effective administration of the writs. There are instances where a counsel may be in doubt as to whether a writ petition should be taken to the Supreme Court or to a High Court for filing. It becomes more complicated in matters with several jurisdictions or complex legal questions where jurisdictional disputes arise. There is need for clear guidelines as well as a clearly defined jurisdiction set in order to avoid jurisdictional clashing and chaos within the legal frameworks.
3. Practical Difficulties in Enforcement: Perhaps the most difficult aspect of enforcement is that which pertains to public or state authorities. There are instances, notwithstanding the advanced clear court orders, the implementation of writs can be stalled swayed due to factors such as bureaucracy, lack of means, or voluntary refusal to comply. Simply put, there is a judicial solution to a problem, but there is also an institutional approach – a system of checks and balances. If the purpose of the writs is to be achieved, then the acceptance of court orders by people in power must also be achieved.
4. Delays in Justice Delivery: The Indian judicial system seems to be overwhelmed by the volume of cases pending or unprocessed, and this scenario keeps elongating the time that is taken in determining the outcome even for the most common constitution petition. The whole logic behind the issuance of writs seems to be in an effort to provide quick reliefs or remedies, but this is not always the desired effect as often times because of the number of cases in the courts system, one may have to endure a long wait. It is important that systemic delays resultant from case overload – across all courts, judicial reforms, and an increase in the manpower, are put in place to make sure that any issued writ is enforced as it was meant to and at the right time.
5. Awareness and Accessibility: Some citizens, particularly those belonging to the marginalized or the ill–economical sectors, seem to be unaware of their legal rights and writs being available as remedies. Additionally, the complicated nature of the legal procedures and the costs involved also act as a barrier to seeking legal redress. Education on relevant legal matters, affordable legal assistance, as well as the procedural requirements should be made less complex so that writs can be used by more people and all citizens are able to perform their functions with the help of the law.
6. Balancing Judicial Activism and Restraint Approaches: The availability of writs enables the courts to make interventions in executive and legislative processes. This may bring out the debate of judicial activism and judicial restraint. It can be argued that there is need for more active judges in order to protect individuals rights and promote rule of law, however they may also be perceived as going too far. There is need to find a level that adequately performs both activism and silencing approaches of the judiciary so as not to interfere with the power of the other arms of the government and also the legitimacy of courts.

RECENT DEVELOPMENTS AND REFORMS

1. Technological Advancements in Filing and Processing Writ Petitions: The trend of movement to internet-based services is evident in the Indian judiciary with regards to writs and petition’s order filing system. The introduction of electronic filing, electronic case management systems, and remote hearings have greatly alleviated the effort and time involved in filing and pursuing writs which help in save time. These similar technologies contributed in the improvement accessibility of the judicial processes during the covid 19 pandemics, whereby personal court appearances were not possible.[7]
2. Judicial Interpretations Expanding or Restricting the Scope of Writs: Over the years however, systemic practices and judicial interpretations have served to articulate the boundaries of the writs. Some basic changes made in judicial laws spread the exercise of the writs, such as the introduction of Public Interest Litigation (PIL), which brought forth the possibility for individuals and collectives to write writs for others, who could not for themselves. The courts have narrowed the ambit of the writs exercised by the citizens in some cases such as a provision for legal entitlement to invoke the powers of High Courts exercising jurisdiction under Article 226.
3. Policy Measures and Legislative Changes with Respect to Writs: Other than the above, there have been policy measures and legislative changes that have also affected the administration of the writs. For instance, changing some provisions in the existing procedural codes or putting in place new rules have been aimed at increasing the understanding and the efficiency of the writ process. Furthermore, efforts aimed at developing the legal knowledge and the provision of reasonably priced legal services have also eased the access for citizens to the writ remedies.[8]
4. Training and Capacity Development for Judicial Officials: Training and capacity development of judicial officers on the application of the writs must be done on a sustained basis. Different judicial academies in different parts of India are also conducting such training programs to the judges so that they can be abreast with the new developments in the legal realm. This comes in handy in improving the standard and speed of similar judicial determination in writ petitions.
5. Provision of E-Courts Infrastructure: The provision of e-courts infrastructure was one of the key factors in the journey of the judiciary towards modernization. E-courts makes provisions for hearing cases without the physical attendance of any of the parties. This has helped a lot in the management of writ petitions and the overall experience has improved in terms of speed and convenience for the litigants and lawyers.
6. Strengthen Public Interest Litigation (PIL): This is to provide more access of justice for marginalized and disadvantaged sections of society. It was seen by strengthening concept Public Interest Litigation (PIL) it enlarged ambit of writs and allowed PIL by NGOs & public-spirited individuals to file the petitions in shape represents generally represented classes before, not able to represent themselves.

POWERS OF HIGH COURTS AND SUPREME COURT IN RELATION TO WRITS UNDER THE INDIAN CONSTITUTION

The Constitution of India has given the Supreme Court and the High Courts an extensive power in the matter of the issue of writs with a view to protect and enforce fundamental rights.

Supreme Court (Article 32)

In particular, Article 32 of the Constitution authorizes the Supreme Court to issue writs for the enforcement of fundamental rights. Also called the heart and soul of the Constitution, Article 32 provides for the right to move to the Supreme Court directly for the enforcement of these rights. The Supreme Court is empowered to issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These writs safeguard the principle of judicial review and establishes the Supreme Court as the custodian of the Constitution. With the help of these writs, the Supreme Court has the authority to:

Habeas Corpus: Command the release of individuals that have been detained against the law, in order to ensure freedom of the individual.

Mandamus: Require public authorities to execute duties as required by law or enactment.

Prohibition: Stop subordinate jurisdictions from acting in excess of their powers.

Certiorari: Quash the judgments of subordinate courts or tribunals that are possessed with no jurisdiction or have acted unreasonably.

Quo Warranto: Ask a defendant to prove under what authority or right he holds the office claimed.

The Supreme Court’s jurisdiction as granted under Article 32 is absolute and can only be restricted or suspended in grave situations like a national emergency. This provides an assurance that the safeguarding of fundamental rights is always the third-eye of the Supreme Court of India.

High Courts (Article 226)

Article 226 puts the high courts on a higher pedestal than the Supreme Court but this is not the case with Article 32 as high courts exercise this power in Article 226. The latter high courts are able to issue writs for other matters than just the enforcement of fundamental rights. In this extensive jurisdiction, High Courts have power to look into administrative, as well as procedural, issues as well. These courts also have the power to issue writs of:

Habeas Corpus: To prevent unlawful confinement.

Mandamus: To demand that public officials do their job.

Prohibition: To prevent lower courts and tribunals from acting outside their jurisdiction.

Certiorari: To rectify mistakes of lower courts and tribunals.

Quo Warranto: To challenge the right of a person to hold public office.

The High Courts have a vital duty to provide legal remedies in the situations where fundamental rights are not violated, but legal or procedural rights are violated. This wider perspective ensures that people possess numerous grievances for which legal redress can be obtained. High Courts also have the jurisdiction to supervise administrative decisions and compels public authorities to stay within the legal limits and the maxim of equity.

To summarize, the Supreme Court and High Courts’ writ jurisdictions are one of the most essential features of the Indian judicial system. They serve as the guardians of the rights of the people, provide levers for the exercise of judicial power, and protect the law. These are fundamental in promoting justice and making it incumbent upon the citizens and public authorities to observe the law as provided by the Constitution. It also points to the continued relevance and application of these powers that writs are very important in the Indian legal system.

COMPARATIVE ANALYSIS

The study of the Comparison of the Writs in people’s law and other legal systems provides much significant insights. In India, Articles 32 and 226 of the constitution are specific talk about writs, which are issued by the Supreme Court and High Courts for the enforcement of fundamental rights. This ensures optimal judicial control. Although in the United States, though there Constitution does not specifically state about the writs, even though there federal courts have the authority to issue similar orders through the concept of judicial review. For example, the U.S. Supreme Court has the authority to issue a writ of certiorari to review the decisions of lower courts and a writ of mandamus to order public officials to perform certain acts which they are obliged to do by law.[9] In the United Kingdom, the word “writs” is not often heard usage and this does not preclude the court from issuing prerogative orders, which are its equivalent, to curb the excesses of the public authorities and inviolably observe the law.[10]

From such parallels, some conclusions and best practices can also be induced. First and foremost, Efficiency, accessibility – these are the key attributes to be found in every structure of justice, for judicial relief must be available to everyone. The issue of simplifying procedural requirements, increasing the level of legal education, and making legal support more affordable should be prioritized so that the writs are within the reach of the poor and disadvantage peoples and communities. A balance between active and passive judicial interventions is also essential, as interventions with enough legal backing should not be excessive. In addition, the inclusion of technology into judicial processes increases its efficiency significantly. E-filing systems, electronic court management systems, and electronic hearings should be incorporated as best practices for the performance of the handling of writ petitions.

The comparisons and lessons on these issues reveal the relevance of context in the practice of the judiciary and the competent authorities in maintaining the threshold of fundamental rights and the rule of law. The practice, in turn, increases the availability and effectiveness of writs by borrowing and adopting other jurisdictions which improves access to justice and accountability of the courts.

CONCLUSION

This study emphasizes the importance of writs in the Indian system of courts. They are relevant mechanisms for safeguarding the basic fundamental rights, legal control, and the law itself. So too as in the case of other law instruments, writs have their own purposes and functions, as was elaborated for the types of writs which are discussed in this paper: The Writ of Habeas Corpus, The Writ of Mandamus, The Writ of Prohibition, The Writ of Certiorari, and The Writ of Quo Warranto.

Writs such as the one of habeas corpus protect individual freedoms by offering protection against arbitrary arrest and imprisonment. Mandamus obligates the public authority to undertake actions, thus protecting the rights of the citizens. Prohibition restrains inferior courts from acting outside their authority; Certiorari permits higher courts to rectify mistakes made in the adjudication by lower courts. Quo warranto is a legal action taken to assert the rights of citizens and to protect office rights from abuse.

The contemporary use of writs clearly highlights their continuing significance as they are still utilized in redressing modern legal problems. Technological developments such as e-filing and virtual court proceedings have made the filing and processing of writ petitions easier, faster, and more convenient. The usage of writs has being made flexible because of increased court interpretation which gives even more power to the courts to administer and protect rights. Nonetheless, some issues such as jurisdiction conflicts, misuse of writs, and justice delays need to be solved for the writs to work effectively.

Moving ahead, several recommendations can be made to overcome what is needed in the use of writs in the law in order to strengthen the rule of law. Raising legal literacy and offering low-cost services will ensure that the masses use writs and other legal provisions. Regular training and capacity development for judicial officers will help ensure the quality of decision-making concerning writ petitions is improved. Also, the use of technology in the court processes is bound to improve efficiency and reduce the associated delays.

To wrap up, Writs are crucial in maintaining the administration of justice and rule of law on India. They protect human rights and provide individuals with a way to challenge state abuses by means of judicial oversight. Reforms in action, supported by technological prowess shall impart more teeth to the writs making them a stronger ally for justice under Indian law.

REFERENCES

1. Byju’s, Types of Writs – What Are Writs?  https://byjus.com/free-ias-prep/types-of-writs-in-india/ (last visited Oct 25, 2024)
2. Legalfly, Case Summary: ADM Jabalpur v. Shivkant Shukla 1976: A Landmark Decision in Indian Constitutional Law, https://legalfly.in/adm-jabalpur-v-shivkant-shukla-constitutional-law/ ( last visited Oct 25, 2024)
3. Ipleaders, all you need to know about article 226 of the Indian constitution, https://blog.ipleaders.in/all-you-need-to-know-about-article-226-of-the-indian-constitution/ (last visited Oct 25, 2024)
4. Nextias, Right to Constitutional Remedies (Article 32): Meaning, provisions and significance,  https://www.nextias.com/blog/right-to-constitutional-remedies/ (last visited Oct 25, 2024)
5. Ipleaders, Digitalization and its impact on the Indian legal system, https://blog.ipleaders.in/digitalization-impact-indian-legal-system/ (last visited Oct 26, 2024)
6. Drishti Judiciary, Writs,  https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/writs (last visited Oct 26, 2024)
7. Vajira Mandravi, Comparison of Indian constitutional scheme with UK, https://vajiramandravi.com/quest-upsc-notes/comparison-of-india-uk-constitution/ (last visited Oct 26, 2024)
8. IJSR, Judicial Review: A Comparative Analysis between India & U. S. A, https://www.ijsr.net/archive/v13i3/SR24321150232.pdf  (last visited Oct 26, 2024)

---

[1] ADM Jabalpur vs Shivkant Shukla [AIR 1976 SC 1207]

[2] Gujarat State Financial Corporation v. Lotus Hotels Pvt. Ltd (1983) 3 SCC 379

[3] East India Commercial Co. Ltd. v. Collector of Customs AIR 1962 SUPREME COURT 1893

[4] Syed Yakoob v. Radhakrishnan 1964 SCR (5) 64

[5] University of Mysore v. Govinda Rao 1964 SCR (4) 576

[6] Nextias,  https://www.nextias.com/blog/right-to-constitutional-remedies/ (last visited Oct 25, 2024)

[7] Ipleaders, https://blog.ipleaders.in/digitalization-impact-indian-legal-system/ (last visited Oct 26, 2024)

[8]Drishti judiciary,  https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/writs (last visited Oct 26, 2024)

[9] Harshita Jain, Judicial Review: A Comparative Analysis between India & U. S. A, 13 International Journal of Science and Research (IJSR) SR24321150232, 4 (2024), https://www.ijsr.net/archive/v13i3/SR24321150232.pdf

[10]Vajira Mandravi,  https://vajiramandravi.com/quest-upsc-notes/comparison-of-india-uk-constitution/ (last visited Oct 26, 2024)

 Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.