The Writs

Question 1

For enforcement of fundamental rights, the judiciary has been armed with the powers to issue the writs.

Answer 1

Supreme court has the power to issue writs only for the purpose of enforcement of fundamental rights

whereas under article 226 High court can issue writs for the purpose of enforcement of fundamental rights and/or for the redress of any other injury or illegality

Question 2

A Writ of Habeas Corpus

Answer 2

A writ of Habeas Corpus Calls upon The person who has did another to produce the latter before the court.
Words habeas corpus literally means ‘to have a body’.
This writ may be addressed to an official or a private person, who has another person in his custody.

Question 3

Mandamus

Answer 3

Mandamus literally means a command.
It commands the person to whom it is addressed to perform some public for quasi-public legal duty which he has refused to perform and the performance of which cannot be enforced by any other adequate legal remedy.

Question 4

Prohibition

Answer 4

The writ of prohibition is a writ issued by the supreme court or High court to an inferior court forbidding the latter to continue proceedings there in in excess if its jurisdiction or to usurp a jurisdiction with which it is not legally vested.

Question 5

Certiorari

Answer 5

Certiorari is issued quash order or decision of the court or tribunal while prohibition is issued to prohibit the court or tribunal from making a decision.

Question 6

Quo warranto

Answer 6

Quo Warranto is a proceeding whereby the court enquires into the legality of the claim which a party asserts to a public office and to oust him from its enjoyment if the claim is not well founded.