Writs — Set 3

Correct Answer: B. The petitioner has not approached the High Court first

• **SC may refer to HC first** = while Article 32 is a Fundamental Right, the SC may ask the petitioner to approach the HC first under Article 226 if an adequate remedy exists there — this is the doctrine of exhaustion of remedies. • **No Fundamental Right = no Article 32** — if a Fundamental Right has not actually been violated, Article 32 does not apply at all; the SC cannot grant relief simply because a petitioner approaches it. • 💡 Option A (Political question) does not prevent Article 32 relief if a FR is violated; Option C (FR not violated) is actually the correct basis for the SC to decline, but the question asks about the SC's discretionary power to refer; Option D (Civil remedy available) does not automatically bar Article 32 if a FR is at stake.

Correct Answer: A. Certiorari

• **Certiorari — discretionary remedy** = Certiorari is a discretionary writ; the court may refuse to grant it if the petitioner has an adequate alternative remedy, or if there has been unreasonable delay, or if there is laches. • **Habeas Corpus — near-absolute right** — Habeas Corpus is treated almost as a matter of right when personal liberty is at stake; courts are very reluctant to refuse it when detention appears illegal. • 💡 Option B (Habeas Corpus) is treated as near-absolute when liberty is at stake — it is the least discretionary of all writs; Option C (Mandamus) is also discretionary; Option D (All except Habeas Corpus) overstates — the most clearly discretionary one is Certiorari specifically.

Correct Answer: A. Article 359

• **Article 359 — suspension of right to move courts** = Article 359 empowers the President to suspend (by order) the right to move any court for enforcement of Fundamental Rights during a National Emergency. • **Articles 20 and 21 exempt** — after the 44th Amendment (1978), Articles 20 (protection against conviction) and 21 (life and personal liberty) CANNOT be suspended even under Article 359 — this is a permanent protection. • 💡 Option B (Article 352) is the proclamation of National Emergency itself; Option C (Article 358) automatically suspends Article 19 during External Emergency — no Presidential order needed; Option D (Article 360) deals with Financial Emergency.

Correct Answer: D. Substantive Public Office

• **Quo-Warranto — only for substantive public offices** = Quo-Warranto can only be issued for a substantive public office of a permanent character that is created by statute or the Constitution — not for private or ministerial offices. • **What qualifies** — a 'substantive' office means an independent office with defined powers and duties (e.g., Cabinet Minister, public body member) — not a subordinate or ministerial post within another office. • 💡 Option A (Private Corporate Office) is private — Quo-Warranto does not apply; Option B (Private Office) is also private — not applicable; Option C (Ministerial Office) is an ancillary/subordinate role within another office — also not applicable; only Option D (Substantive Public Office) is correct.

Correct Answer: A. Certiorari

• **Certiorari expanded to administrative authorities** = originally Certiorari was only available against judicial/quasi-judicial bodies, but the SC expanded its scope to cover administrative authorities as well when they affect individual rights. • **How it applies** — Certiorari quashes the order of a lower court, tribunal, or administrative authority acting beyond jurisdiction or making an error of law — it calls for records and quashes the illegal decision. • 💡 Option B (Quo-Warranto) challenges a person's right to hold public office — it is about occupancy of office, not orders made; Option C (Prohibition) stops ongoing proceedings in lower courts; Option D (Mandamus) directs performance of a public duty — none quash administrative orders affecting individual rights.

Correct Answer: D. The Supreme Court

• **Supreme Court — 'Defender and Guarantor' of FRs** = the Supreme Court is the designated defender and guarantor of citizens' Fundamental Rights through its writ jurisdiction under Article 32. • **Part of Basic Structure** — Article 32 and the SC's role as FR guardian are considered part of the 'Basic Structure' of the Constitution — they cannot be abridged even by constitutional amendment. • 💡 Option A (Prime Minister) is the head of government but has no constitutional role as FR defender; Option B (Parliament) can amend rights within Basic Structure limits; Option C (President) takes an oath to uphold the Constitution but the judicial role of FR defence belongs to the SC.

Correct Answer: D. Mandamus (and others)

• **Mandamus in PIL — compelling public duties** = while any writ can feature in a PIL, Mandamus is most frequently used in PIL to compel public authorities to perform their mandatory duties in public interest. • **PIL relaxes locus standi** — PIL, pioneered by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer in the 1980s, allows any public-spirited citizen to file a petition on behalf of those who cannot access courts. • 💡 Option A (Quo-Warranto) is occasionally used in PILs for public office challenges; Option B (Prohibition) is rarely a PIL writ; Option C (Certiorari) is used in PILs to quash illegal orders — but Mandamus (and others) is the most common and broadly applicable PIL writ.

Correct Answer: B. Judicial and Quasi-judicial authorities

• **Prohibition — only against judicial/quasi-judicial bodies** = Prohibition is available only against judicial and quasi-judicial authorities; it cannot be issued against purely administrative authorities, legislative bodies, or private individuals. • **Sole purpose: jurisdictional limit** — Prohibition's only function is to prevent inferior courts and quasi-judicial tribunals from exceeding their jurisdictional limits while proceedings are still pending. • 💡 Option A (Administrative authorities) can receive Certiorari (after SC expansion) but NOT Prohibition; Option C (Legislative bodies) cannot be controlled by Prohibition; Option D (Private individuals) are not subject to Prohibition — only judicial/quasi-judicial bodies qualify.

Correct Answer: D. Within its territorial jurisdiction and outside if cause of action arises

• **HC writ jurisdiction — territorial + cause of action** = an HC can issue writs to persons or authorities within its territorial jurisdiction AND outside its territory if the cause of action arises wholly or partly within its jurisdiction. • **15th Constitutional Amendment** — the 15th Amendment Act (1963) clarified this 'cause of action' extension, resolving confusion about which HC had jurisdiction when government offices were in one state but acts occurred in another. • 💡 Option A (Only against State Government) is too narrow — HC writs can go to the Union Government too if located in its territory; Option B (Anywhere in India) overstates — an HC does not have pan-India writ jurisdiction; Option C (Only within territorial jurisdiction) misses the cause-of-action extension.

Correct Answer: C. Certiorari

• **Certiorari — both preventive and curative** = Certiorari is the only writ described as having both preventive and curative functions: it prevents excess of jurisdiction and quashes illegal orders already made. • **Prohibition — solely preventive** — in contrast, Prohibition is solely preventive — it only stops future proceedings of a lower court; once an order is passed, Prohibition cannot help; Certiorari is used instead. • 💡 Option A (Prohibition) is only preventive — it cannot cure an already-made order; Option B (Habeas Corpus) deals with illegal detention, not court jurisdiction; Option D (Mandamus) commands performance of a duty — only Certiorari has the dual preventive-and-curative character.