Writs — Set 1

Correct Answer: B. To have the body of

• **Habeas Corpus = 'to have the body of'** = the Latin phrase 'Habeas Corpus' literally means 'to have the body' — the court orders a detaining authority to produce the detained person before it. • **Bulwark of individual liberty** — this writ is the most powerful safeguard against arbitrary detention; the court. • 💡 Option A (By what authority) is the meaning of Quo-Warranto; Option C (We command) is the meaning of Mandamus; Option D (To be certified) is the meaning of Certiorari — none mean 'to have the body'.

Correct Answer: A. Article 32

• **Article 32 — SC writ power** = Article 32 empowers the Supreme Court to issue five types of writs for the enforcement of Fundamental Rights; the right to move the SC under Article 32 is itself a Fundamental Right. • **'Heart and soul' of the Constitution** — Dr. B.R. Ambedkar called Article 32 the 'heart and soul' because without it Fundamental Rights would be meaningless — no remedy, no right. • 💡 Option B (Article 226) gives writ power to High Courts, not the SC; Option C (Article 142) gives the SC 'complete justice' power for pending cases; Option D (Article 136) gives Special Leave to Appeal — none directly grant the SC's writ power.

Correct Answer: C. Performance of public duty

• **Mandamus = 'We Command' — performance of public duty** = Mandamus is issued by a court commanding a public official, body, corporation, inferior court, or tribunal to perform a mandatory public duty they have failed to perform. • **Cannot be issued for discretionary duties** — Mandamus can only enforce mandatory duties, not discretionary ones; and it cannot be issued against the President, Governor, or private individuals for private contracts. • 💡 Option A (Prohibition of proceedings) is the purpose of Prohibition writ; Option B (Release of a person) is the purpose of Habeas Corpus; Option D (Quashing of an order) is the purpose of Certiorari — only Mandamus compels performance of duty.

Correct Answer: A. Prohibition

• **Prohibition — prevents jurisdiction excess** = Prohibition is issued by a higher court to a lower court or tribunal to prevent it from proceeding with a case that is outside its jurisdiction — issued while proceedings are pending. • **Only against judicial/quasi-judicial bodies** — unlike Mandamus (which applies to all public authorities), Prohibition is issued only against judicial and quasi-judicial authorities, not administrative bodies. • 💡 Option B (Certiorari) quashes an order already made; Option C (Mandamus) commands a public duty to be performed; Option D (Quo-Warranto) challenges the right to hold public office — none prevent ongoing proceedings of a lower court.

Correct Answer: A. Quo-Warranto

• **Quo-Warranto = 'by what authority'** = Quo-Warranto inquires into the legality of a person's claim to a substantive public office created by statute or the Constitution; it checks illegal usurpation. • **Locus standi relaxed** — unlike other writs, any interested citizen (not only the aggrieved person) can file a Quo-Warranto petition to challenge unlawful occupation of public office. • 💡 Option B (Mandamus) commands performance of a public duty; Option C (Certiorari) quashes a lower court's illegal order; Option D (Prohibition) stops a lower court from exceeding jurisdiction — none challenge the right to hold public office.

Correct Answer: C. Article 226

• **Article 226 — High Court writ power** = Article 226 empowers every High Court to issue writs for enforcement of Fundamental Rights AND for 'any other purpose' — for any legal right, not just Fundamental Rights. • **Wider than Article 32** — the HC's writ jurisdiction (Article 226) is wider in subject matter than the SC's (Article 32) because it covers all legal rights; SC writs are limited to Fundamental Rights violations. • 💡 Option A (Article 139) empowers Parliament to grant additional writ powers to the SC; Option B (Article 32) gives SC writ jurisdiction for Fundamental Rights; Option D (Article 227) gives HC power of superintendence over subordinate courts — none directly grant HC writ jurisdiction.

Correct Answer: C. Habeas Corpus

• **Habeas Corpus — unique: applies against private individuals** = Habeas Corpus is the only writ that can be issued against both state authorities (police, jail) and private individuals who are illegally detaining someone. • **All other writs limited to public/judicial bodies** — Mandamus, Certiorari, Prohibition, and Quo-Warranto are issued only against public bodies, inferior courts, or public offices — not against private persons. • 💡 Option A (Mandamus) is issued against public officials for failure to perform duty — not against private persons for detention; Option B (Prohibition) applies only to judicial/quasi-judicial bodies; Option D (Certiorari) applies to inferior courts and tribunals.

Correct Answer: B. Quo-Warranto

• **Quo-Warranto — locus standi relaxed** = for Quo-Warranto, the strict rule of 'Locus Standi' does not apply; any interested citizen (not necessarily the aggrieved person) can file the petition. • **Public interest rationale** — since Quo-Warranto protects public offices from illegal usurpers, it is in the public interest that anyone can challenge it — personal grievance is not required. • 💡 Option A (Mandamus) requires the petitioner to have a legal right that is being denied — locus standi is strict; Option C (Certiorari) requires the petitioner to be an aggrieved party; Option D (Prohibition) also requires the petitioner to show a legal right at stake.

Correct Answer: A. The President or State Governor

• **Mandamus — exempt: President and Governor** = Mandamus cannot be issued against the President of India or the Governor of a State for the exercise of their constitutional duties. • **Other exemptions** — Mandamus cannot be issued against a private individual or body for private contracts; and the Chief Justice of a HC acting in a judicial capacity is also exempt. • 💡 Option B (Government Corporation) CAN be issued Mandamus — it is a public body; Option C (Inferior Court) CAN receive Mandamus to perform ministerial duties; Option D (Public Tribunal) CAN receive Mandamus — only the President and Governor are specifically exempt.

Correct Answer: B. Certiorari

• **Certiorari — quashes lower court orders** = Certiorari is issued by a higher court to a lower court or tribunal to transfer a case or quash an illegal order already passed — on grounds of excess of jurisdiction or error of law. • **Curative (not preventive)** — Certiorari is curative (remedies an already-made illegal order); Prohibition is preventive (stops future proceedings). Certiorari can also be seen as a combination of both in modern usage. • 💡 Option A (Mandamus) compels performance of a neglected public duty; Option C (Prohibition) prevents a lower court from exceeding jurisdiction before proceedings conclude; Option D (Habeas Corpus) compels production of a detained person — none quash a made order.