Writs — Set 4

Correct Answer: C. We command

'Mandamus' is a Latin term that means 'We Command'. It is a judicial order to perform a public duty. It is a command from a superior court to a lower authority.

Correct Answer: B. Quo-Warranto

Quo-Warranto asks 'By what authority or warrant'. It challenges the legality of a person holding a public office. It protects public offices from usurpers.

Correct Answer: B. 5

There are 5 types of writs mentioned in the Indian Constitution. They are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto. These are derived from English Common Law.

Correct Answer: A. Basic Structure of Constitution

The Supreme Court has declared Article 32 as a part of the 'Basic Structure' of the Constitution. This means it cannot be taken away or abridged even by a constitutional amendment. It guarantees the right to constitutional remedies.

Correct Answer: D. Habeas Corpus

Habeas Corpus is specifically for the personal liberty of a citizen. It protects individuals from unlawful detention. It requires the detaining authority to justify the detention.

Correct Answer: B. Only during emergency

The correct answer is 'Only during emergency'. Mandamus cannot generally be issued against a legislature (like a State Assembly) to enforce the making of a law. Courts typically do not interfere with the legislative process. It is primarily for executive and administrative duties. (Note: Courts can strike down laws, but not command them to be made).

Correct Answer: C. Habeas Corpus

Habeas Corpus is known as the 'bulwark of individual liberty'. It provides a quick and effective remedy against illegal detention. It is one of the most important writs for human rights.

Correct Answer: D. Supreme Court and High Courts

Only the Supreme Court (Article 32) and the High Courts (Article 226) have the power to issue writs in India. Subordinate courts do not have this power unless Parliament confers it. No such law has been passed for district courts yet.

Correct Answer: C. Higher court to lower court/tribunal

Certiorari is issued by a higher court to a lower court or tribunal. It calls for the records of a case to be reviewed. It ensures that the lower court has acted within its jurisdiction.

Correct Answer: C. Prohibition

The writ of Prohibition literally means 'to forbid'. It forbids a lower court from continuing proceedings in a case. It is used when the lower court lacks jurisdiction.