Writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) are powerful instruments under Articles 32 and 226 of the Constitution that enable the higher courts to protect fundamental rights and ensure the legality of actions by public authorities and lower courts/tribunals.
Actus Reus: Refers to the "guilty act" or the physical act that is an essential element of a crime. (1-b) 2. Certiorari: A writ issued by a superior court to call up the record of proceedings from a lower court for review. The term means "to be certified" or "to be apprised". (2-c) 3. Habeas Corpus: A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention. The phrase means "You may have the body". (3-d) 4. Mandamus: A judicial writ issued by a superior court to compel a lower court or a government officer to perform mandatory duties correctly. The term means "We command". (4-a) 177. Consider the following statements: 1. 'Habeas Corpus' is in the nature of an order calling upon the person who has detained another to produce the latter before the Court. 2. 'Mandamus' literally means a command. 3. 'Certiorari' is issued to quash the order or decision of a lower court. 4. 'Quo Warranto' is issued to prohibit the lower court from making an ultra vires order or decision. Which of the above definition of writs is/are correct ?
Asked in KPSC KAS Prelims 2014 · Topic: Fundamental Rights (Right to Constitutional Remedies (Article 32) and Writ Jurisdiction)
More Indian Polity and Governance questions
- What are the main provisions of constitutional remedies available to Indian citizens under Indian Constitution ? Select the correct answer using the following codes : The citizens can move the courts for enforcement of their Fundamental Rights. The Supreme Court can issue necessary writs for enforcement of these rights. The Parliament can suspend the right to constitutional remedies by two - third majority, which must also be the majority of its total membership. The parliament can empower the courts, other than the Supreme Court, to exercise powers for enforcement of these rights without adversely affecting the powers of the Supreme Court.
- Which one of the following is not a writ?
- The unlawful detention of a person is questioned by the writ of :
- When there is a challenge to the legality of detention, which writ is filed?
- Which of the following is NOT correctly mulched?
- A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
- Which one of the following statements is not correct about the Right to Constitutional Remedies under Article 32 of the Constitution of India ?
- Which of the following best describes a remedy where a person can be commanded to perform some public duty which s/he has refused to perform ?