Polity 8 - Writs Flashcards
From which country has the concept of issues writs been taken?
UK
Which article provides the institutional framework for the protection of the FRs by the Supreme Court?
Article 32
Under which article can the SC and the HCs issue writs?
The Supreme Court can issue writs under article 32(2) while the HCs can issue writs under article 226.
What is the provision provided under article 32(3)
The parliament can make a law empowering any court to issue writs but this provision has not been used so far.
Name the different writs
- Habeas Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo warranto
What is Habeas Corpus?
It literally means to ‘have the body’ produced before the court.
This kind of writ is issued to protect the personal liberty of an individual against the arbitrary action of both the state and the private individuals.the aggrieved person can even claim compensation against such action.
What is Mandamus?
It literally means ‘ command ‘.
This kind of writ is issued against public authority or an officer and inferior courts for compelling the authority to do a particular work that it ought to do but has not done.
This writ cannot be issued against the P or the GS.
Private rights cannot be enforced using this writ.
What is Prohibition?
It means to ‘forbid’.
This kind of writ is issued by higher courts to lower courts or quasi judicial bodies when the latter exceeds their judicial authority.
The objective is to keep the lower courts or the quasi judicial bodies within the limits of their respective jurisdiction .
What is the difference between Mandamus and Prohibition?
Mandamus can be issued against judicial as well as administrative authorities while Prohibition can be issued only against judicial or quasi judicial authorities.
What does Certiorari mean?
It means ‘to certify’.
This writ is issued to quash the order of a lower court or that of a tribunal in excess of its jurisdiction. The purpose of this writ is to secure that the jurisdiction of an inferior court or tribunal is properly exercised and that it does not usurp the jurisdiction it doesn’t possess.
What is meant by Quo Warranto?
It means ‘ by what authority’?
This kind of writ is issued to ensure that the person holding public office is qualified to hold the office.
To which writs does the principle of LOCUS STANDI apply to?
- Prohibition
- Mandamus
- Certiorari
That is, only the aggrieved person to entitled to seek these writs.
What is the difference in jurisdiction between the high court and the Supreme Court to issue writs?
SC court can issue writs under 32(2) only to enforce fundamental rights while the high courts can issue writs with respect to provisions outside the FRs also.
The SC’s jurisdiction to issue writs extends to the whole of territory of India while courts are limited to their respective states.
The SC cannot refuse to implement the FRs or suggest any other remedy . The HCs may or may not implement the FRs.
Amendability of FRs?
Shankari Prasad case 1951
The SC held that the parliament can amend anything in the constitution including the FRs using its amending power under article 368
Golaknath case 1967
The SC reversed its decision and said that FRs cannot be touched
Kesavananda Bharti case 1973
The SC held that came up the ‘doctrine of basic structure’ and said that the parliament can amend anything but can’t disturb the basic structure of the constitution .
