- The Indian Constitution empowers the Supreme Court (under Article 32) and the High Courts (under Article 226) to issue writs for the enforcement of Fundamental Rights and for other purposes (in the case of High Courts). - The five traditional types of writs are: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. - Habeas corpus is issued to produce a person who has been detained, before the court, and if the detention is found illegal, to set him/her free. - Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. - Certiorari is issued by a higher court to a lower court or tribunal to quash the order passed by the latter in a case where it lacks jurisdiction or commits an error of law. - Prohibition is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. - Quo Warranto is issued to inquire into the legality of the claim of a person to a public office. - Curfew is an order imposed by authorities (typically police or military) restricting the movement of people in a particular area for a specific period, usually during times of unrest or emergency. It is an executive order, not a judicial writ.
Which one of the following is not a type of writ issued by the Supreme Court or the High Courts in India?
Asked in UPSC Combined Section Officer 2019 20 · Topic: Fundamental Rights (Right to Constitutional Remedies (Article 32) and Writ Jurisdiction)
More Indian Polity and Governance questions
- Which writ can be issued in case of illegal arrest ?
- In context of the Constitution of India, what is the significance of “Writ of Mandamus”?
- Which one of the following writes is issued during the pendency of proceedings in a court?
- Consider the following statements: Assertion (A) : Dr. Ambedkar had described Article 32 of the Constitution as the very soul of it. Reason (R) : Article 32 provides effective remedy against the violation of Fundamental Rights. Select the correct answer using the codes given below: Codes:
- Which part of the Indian Constitution has been described as the soul of the Constitution?
- Which one of the following rights was described by Dr B R Ambedkar as the heart and soul of the Constitution?
- Which of the following is not a fundamental right granted by the Indian constitution to the citizen:
- Which Article in the Indian Constitution empowers the Supreme Court of India to issue writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorari which ever may be appropriate for the enforcement of Fundamental Rights?
