Writs — Set 3

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

While Article 32 is a fundamental right, the Supreme Court may ask the petitioner to approach the High Court first under Article 226. However, if a Fundamental Right is not violated, Article 32 does not apply at all. The Court generally discourages direct petitions if the High Court remedy is available and effective.

Correct Answer: A. Certiorari

Writs like Certiorari and Mandamus are generally considered discretionary remedies. The court may refuse to grant them if there is an alternative remedy or delay. However, Habeas Corpus is often claimed as a matter of right when liberty is at stake.

Correct Answer: A. Article 359

Article 359 empowers the President to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency. This effectively suspends the remedial measures under Article 32. However, Articles 20 and 21 cannot be suspended.

Correct Answer: D. Substantive Public Office

Quo-Warranto can only be issued in respect of a substantive public office of a permanent character created by statute or Constitution. It cannot be issued against a private or ministerial office. The office must be of a public nature.

Correct Answer: A. Certiorari

Originally, the writ of Certiorari was only available against judicial or quasi-judicial bodies. However, the Supreme Court expanded its scope to cover administrative authorities as well when they affect the rights of individuals. Certiorari is used to quash the order of a lower court or tribunal acting beyond its jurisdiction. Prohibition stops a lower court from exceeding jurisdiction before proceedings conclude. Mandamus directs a public authority to perform a duty. Quo-Warranto challenges a person's right to hold public office.

Correct Answer: D. The Supreme Court

The Supreme Court is constituted as the defender and guarantor of the Fundamental Rights of the citizens. Article 32 empowers it to issue writs for this purpose. This is a basic feature of the Constitution.

Correct Answer: D. Mandamus (and others)

While any writ can be part of a PIL, Mandamus is frequently used to compel public authorities to perform their duties in public interest. PIL relaxed the locus standi rule, allowing public-spirited citizens to file petitions. The courts can issue appropriate writs or orders in such cases.

Correct Answer: B. Judicial and Quasi-judicial authorities

The writ of Prohibition is available only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, or private individuals. Its sole purpose is to keep inferior courts within their jurisdictional limits.

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

A High Court can issue writs to any person or authority within its territorial jurisdiction. It can also issue writs outside its territory if the cause of action arises, wholly or in part, within its jurisdiction. This was clarified by the 15th Constitutional Amendment Act.

Correct Answer: C. Certiorari

Certiorari is often described as both preventive and curative. It prevents excess of jurisdiction (preventive) and quashes illegal orders (curative). Prohibition is solely preventive.