- Writs are constitutional remedies available under Articles 32 (Supreme Court) and 226 (High Courts). - Different writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto) serve specific purposes and apply to different types of authorities/ actions. - The scope of writs under Article 226 is wider than under Article 32, as High Courts can issue writs not only for enforcement of Fundamental Rights but also for any other purpose.
Which of the following statements are correct with reference to writs issued by the Supreme Court and High Courts in India? The writ of Habeas Corpus can be issued against public authorities only. The writ of Mandamus cannot be issued against a private individual or body. The writ of prohibition can be issued only against judicial and quasi-judicial authorities. The writ of Certiorari is available against legislative bodies and private individuals.
Asked in GPSC Prelims CSP 1 2018 · Topic: Fundamental Rights (Right to Constitutional Remedies (Article 32) and Writ Jurisdiction)
More Indian Polity and Governance questions
- Which of the following statements are correct regarding different writs? 1. Prohibition can be issued against Election Commission of India. 2. Mandamus cannot be issued against the Chief Justice of a High Court acting in judicial capacity. 3. Certiorari is issued on the ground of excess of jurisdiction. 4. Quo-Warranto cannot be issued in cases of ministerial office or private office.
- By this writ the Court secures the body of a person who has been imprisoned to be brought before itself:
- Match List I with List II : List I List II (a) Habeas (i) Re-examining Lower Court Corpus Writ records by Superior Court (b) Mandamus (ii) Exercising Power under Writ which authority (c) Certiorari (iii) Restricting officials to act Writ (d) Quo War‐ (iv) To produce in person ranto Writ Choose the correct answer from the options given below :
- Match the Latin terms given in Column I with corresponding meanings used in legal proceedings given in Column II and provide the correct answer from the options given below: Column I Column II 1. Actus Reus a. We command 2. Certiorari b. Guilty act 3. Habeas Corpus c. To be apprised 4. Mandamus d. You may have the body
- 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 ?
- 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 :