Writs — Set 1
Indian Polity · रिट · Questions 1–10 of 50
What is the literal meaning of the Latin term 'Habeas Corpus'?
Correct Answer: B. To have the body of
The Latin term 'Habeas Corpus' literally means 'to have the body of'. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. This writ acts as a bulwark of individual liberty against arbitrary detention.
Which Article of the Indian Constitution empowers the Supreme Court to issue writs?
Correct Answer: A. Article 32
Article 32 empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights. This right to move the Supreme Court is itself a Fundamental Right. Dr. B.R. Ambedkar called this Article the 'heart and soul' of the Constitution.
The writ of 'Mandamus' is issued to ensure which of the following?
Correct Answer: C. Performance of public duty
The writ of Mandamus is a command issued by the court to a public official asking him to perform his official duties. It can be issued against any public body, a corporation, an inferior court, a tribunal, or government. It literally means 'We Command'.
Which writ is issued by a higher court to a lower court to prevent it from exceeding its jurisdiction?
Correct Answer: A. Prohibition
The writ of Prohibition is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction. Unlike Mandamus that commands activity, Prohibition commands inactivity. It is issued only against judicial and quasi-judicial authorities.
Which writ acts as a check on a person holding a public office which he is not entitled to?
Correct Answer: A. Quo-Warranto
The writ of Quo-Warranto is issued to enquire into the legality of a claim of a person to a public office. It prevents illegal usurpation of public office by a person. It literally means 'by what authority or warrant'.
Under which Article can the High Courts of India issue writs?
Correct Answer: C. Article 226
Article 226 empowers the High Courts to issue writs for the enforcement of Fundamental Rights and for any other purpose. This jurisdiction of the High Court is wider than that of the Supreme Court under Article 32. The High Court can issue writs to any person or authority within its territorial jurisdiction.
Which of the following writs can be issued against a private individual?
Correct Answer: C. Habeas Corpus
The writ of Habeas Corpus can be issued against both public authorities and private individuals. It is the only writ that provides a remedy against detention by a private person. The other writs are generally issued against public or judicial bodies.
For which writ can the rule of 'Locus Standi' be relaxed, allowing any interested person to file a petition?
Correct Answer: B. Quo-Warranto
For the writ of Quo-Warranto, the strict rule of 'Locus Standi' does not apply. Any interested person, not necessarily the aggrieved person, can seek this writ. This is to ensure that public offices are not held by usurpers.
The writ of Mandamus cannot be issued against which of the following?
Correct Answer: A. The President or State Governor
Mandamus cannot be issued against the President of India or the Governor of a State for the exercise of their duties. It also cannot be issued against private individuals or bodies to enforce private contracts. The Chief Justice of a High Court acting in judicial capacity is also exempt.
Which writ is issued to quash the order of a lower court or tribunal?
Correct Answer: B. Certiorari
Certiorari is issued by a higher court to a lower court to transfer a case or to quash an order passed by it. It is issued on the grounds of excess of jurisdiction or error of law. Unlike Prohibition, which is preventive, Certiorari is curative.