Writs — Set 5

Correct Answer: D. Dr. B.R. Ambedkar

• **Dr. Ambedkar — 'heart and soul' of the Constitution** = Dr. B.R. Ambedkar called Article 32 the 'heart and soul' of the Constitution in the Constituent Assembly debates, arguing that without it, all Fundamental Rights would be hollow. • **Why this quote** — Article 32 makes the right to move the SC for enforcement of FRs itself a Fundamental Right; it ensures there is always a guaranteed legal remedy for rights violations. • 💡 Option A (Jawaharlal Nehru) made the 'tryst with destiny' speech; Option B (Sardar Patel) was 'Iron Man of India'; Option C (Rajendra Prasad) was the first President — none made the 'heart and soul' statement about Article 32.

Correct Answer: A. Article 226

• **Article 226 — HC writ jurisdiction** = the High Court issues writs under Article 226 for enforcement of Fundamental Rights AND for 'any other purpose' including enforcement of statutory or common law rights. • **Discretionary power** — HC's writ power under Article 226 is discretionary; the court can refuse if there is an adequate alternative remedy, delay (laches), or other valid reasons. • 💡 Option B (Article 32) gives writ power to the SC (not HC); Option C (Article 136) gives SC Special Leave to Appeal; Option D (Article 227) gives HC supervisory jurisdiction over subordinate courts — none give HC writ jurisdiction.

Correct Answer: B. Quo-Warranto

• **Quo-Warranto — prevents illegal usurpation of public office** = Quo-Warranto is specifically used to challenge and prevent the illegal usurpation of a substantive public office — the court asks 'by what authority' the person holds the post. • **Ouster if title defective** — if the officeholder cannot show valid legal authority (statutory appointment, constitutional provision), they are ousted from the office by court order. • 💡 Option A (Certiorari) quashes illegal orders of lower courts/tribunals; Option C (Prohibition) prevents lower courts from exceeding jurisdiction while proceedings are pending; Option D (Mandamus) compels performance of a public duty — none directly remove a person from an unlawfully held office.

Correct Answer: D. Habeas Corpus

• **Habeas Corpus — most relevant in preventive detention** = Habeas Corpus is the primary writ for challenging preventive detention (detention before a crime is committed as a precaution); the court. • **Procedure must be followed** — even preventive detention (under laws like NSA, COFEPOSA) must follow constitutional and statutory procedure; Habeas Corpus is used to challenge detentions that violate these procedures. • 💡 Option A (Prohibition) stops lower courts from exceeding jurisdiction — unrelated to detention; Option B (Mandamus) compels performance of public duties; Option C (Certiorari) quashes lower court orders — only Habeas Corpus is the detention-related writ.

Correct Answer: B. Certiorari

• **Certiorari — orders transfer or quashing** = Certiorari can order transfer of a case from a lower court to a higher court for review, or it can quash the lower court's already-passed order if made without jurisdiction or with error of law. • **Two functions** — (1) call for records and quash the order; (2) transfer the case for de novo trial; both functions are exercised when a lower court exceeds jurisdiction or commits an error apparent on the face of the record. • 💡 Option A (Quo-Warranto) removes unlawful officeholders; Option C (Mandamus) compels performance of public duty; Option D (Prohibition) stops lower court proceedings while pending — none order a transfer or quashing of a lower court's order.

Correct Answer: D. High Court

• **HC writ jurisdiction — wider than SC's** = the High Court's writ jurisdiction under Article 226 is substantively wider than the SC's under Article 32 because it covers 'any other purpose' beyond Fundamental Rights. • **SC limited; HC unlimited** — the SC (Article 32) can only issue writs for Fundamental Rights violations; the HC (Article 226) can issue writs for any legal right, statutory right, or common law right. • 💡 Option A (Tribunals) have no writ powers; Option B (District Court) has no writ powers; Option C (Supreme Court) has writ power but limited to Fundamental Rights only — only the High Court has the wider 'any other purpose' writ jurisdiction.

Correct Answer: C. Mandamus

• **Mandamus — commands performance of neglected duty** = Mandamus commands a public official or body to perform a mandatory duty they have failed or refused to perform — it is the writ that corrects omissions. • **Cannot enforce discretionary duties** — Mandamus cannot compel a public authority to exercise a discretionary power in a specific way; it can only compel them to exercise the discretion, not dictate the outcome. • 💡 Option A (Certiorari) quashes lower court orders already made; Option B (Habeas Corpus) secures release from illegal detention; Option D (Prohibition) prevents lower courts from exceeding jurisdiction while proceedings are pending — only Mandamus compels a public official to perform a duty.

Correct Answer: A. Quo-Warranto

• **Quo-Warranto — questions legality of public office claim** = Quo-Warranto questions the legality of a person's claim to hold a substantive public office; the court asks them to show the warrant or authority for holding it. • **Qualified persons in public office** — the purpose is to ensure that public offices created by statute or the Constitution are held only by persons with lawful authority and required qualifications. • 💡 Option B (Certiorari) questions the legality of lower court orders — not office occupation; Option C (Mandamus) compels performance of a public duty — it assumes the person holds office validly; Option D (Prohibition) questions lower court jurisdiction during proceedings — none challenge the right to hold office.

Correct Answer: B. Supreme Court

• **Article 32 — right to move SC directly** = Article 32 guarantees every citizen the right to move the Supreme Court directly for enforcement of Fundamental Rights — no need to approach the HC first. • **SC as guarantor** — this makes the SC the primary guarantor of Fundamental Rights; however, the SC may in practice ask petitioners to approach the HC first under the doctrine of exhaustion of remedies. • 💡 Option A (District Court) has no writ jurisdiction and cannot enforce Fundamental Rights; Option C (High Court) has Article 226 jurisdiction but the right to approach for FR enforcement is guaranteed under Article 32 to the SC specifically; Option D (Any Court) overstates — only SC and HC have writ power.

Correct Answer: D. Prohibition

• **Prohibition — stops lower court while case pending** = Prohibition is issued to stop a lower court or quasi-judicial tribunal from continuing proceedings that exceed its jurisdiction — while those proceedings are still pending (before a final order). • **Acts as a 'stay order'** — Prohibition immediately halts the ultra vires proceedings; it is issued only against judicial and quasi-judicial bodies, not administrative authorities. • 💡 Option A (Quo-Warranto) challenges the right to hold a public office — it is not issued to lower courts; Option B (Certiorari) is issued after a final order is made — not while the case is pending; Option C (Mandamus) compels performance of a public duty — it does not stop proceedings.