Writs — Set 2
Indian Polity · रिट · Questions 11–20 of 50
At what stage of proceedings is the writ of Prohibition generally issued?
Correct Answer: C. While the proceedings are pending
The writ of Prohibition is issued while the proceedings are pending before a lower court or tribunal. Its purpose is to stop the lower court from continuing with proceedings that are outside its jurisdiction. Once a final order is passed, Prohibition cannot be issued; Certiorari is used instead.
The principle of 'Res Judicata' does not apply to which writ petition?
Correct Answer: A. Habeas Corpus
The principle of 'Res Judicata' generally does not apply to the writ of Habeas Corpus in the same way as civil suits. A fresh petition can be filed if new grounds for illegal detention arise. This exception prioritizes personal liberty over procedural finality.
Which writ acts as a powerful safeguard for personal liberty?
Correct Answer: C. Habeas Corpus
Habeas Corpus is considered the most powerful safeguard for personal liberty. It ensures that no person is detained without legal justification. It allows for the immediate release of a person if the detention is found to be illegal.
Which writ literally translates to 'We Command'?
Correct Answer: B. Mandamus
The term 'Mandamus' literally translates to 'We Command'. It is a command from a superior court to a lower authority to perform a public duty. It serves to correct acts of omission by public officials.
The literal meaning of 'Certiorari' is?
Correct Answer: B. To be certified/informed
'Certiorari' literally means 'to be certified' or 'to be informed'. It was historically a royal demand for information. In the judicial context, it involves a higher court asking for records from a lower court for review.
The literal meaning of 'Quo-Warranto' is?
Correct Answer: C. By what authority
'Quo-Warranto' literally means 'by what authority or warrant'. It questions the legal right of a person to hold a public office. If the person cannot prove their authority, they are removed from office.
Which writ jurisdiction allows the High Courts to issue writs for purposes other than Fundamental Rights?
Correct Answer: A. Article 226
Article 226 gives High Courts the power to issue writs for 'any other purpose' besides Fundamental Rights. This includes the enforcement of ordinary legal rights. Thus, the writ jurisdiction of the High Court is wider than that of the Supreme Court.
Which two writs are primarily used to control the jurisdiction of lower courts and tribunals?
Correct Answer: B. Prohibition and Certiorari
Prohibition and Certiorari are the two writs used to control inferior courts and tribunals. Prohibition prevents a court from proceeding with a case exceeding its jurisdiction. Certiorari quashes an order already passed without jurisdiction.
Before 1950, which High Courts had the power to issue writs?
Correct Answer: B. Calcutta, Bombay, and Madras High Courts
Before 1950, only the High Courts of Calcutta, Bombay, and Madras had the power to issue writs. Other High Courts did not possess this power under British rule. The Constitution of 1950 extended this power to all High Courts under Article 226.
Who can empower other courts (lower than Supreme Court) to issue writs?
Correct Answer: B. The Parliament
Article 32(3) empowers the Parliament to authorize any other court to issue writs. This can be done without prejudice to the powers of the Supreme Court. Currently, no such provision has been made for subordinate courts.