Writ Jurisdiction Flashcards

1
Q

What is the primary purpose of writ jurisdiction in India?

A

To provide a mechanism for individuals to seek judicial review and enforcement of their rights.

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2
Q

Which article of the Indian Constitution provides for writ jurisdiction?

A

Article 32.

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3
Q

True or False: Writs can only be issued by the Supreme Court of India.

A

False.

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4
Q

Name the five types of writs recognized in India.

A

Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

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5
Q

What is a Habeas Corpus writ used for?

A

To secure the release of a person who is unlawfully detained.

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6
Q

Fill in the blank: A writ of _______ is issued to compel a public authority to perform its duty.

A

Mandamus.

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7
Q

What does the writ of Prohibition aim to do?

A

To prevent a lower court or tribunal from exceeding its jurisdiction.

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8
Q

Which writ is issued to review the decision of a lower court or tribunal?

A

Certiorari.

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9
Q

True or False: The writ of Quo Warranto is used to question the legality of a person’s claim to a public office.

A

True.

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10
Q

What is the significance of Article 226 in the context of writ jurisdiction?

A

It empowers High Courts to issue writs for the enforcement of fundamental rights and for any other purpose.

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11
Q

When can a writ of Mandamus be issued?

A

When there is a clear legal duty on the part of a public authority that needs to be fulfilled.

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12
Q

In which cases can a High Court issue writs?

A

For enforcement of fundamental rights and for any other purpose within its jurisdiction.

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13
Q

What is the difference between a writ of Certiorari and a writ of Prohibition?

A

Certiorari quashes a decision, while Prohibition prevents a decision from being made.

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14
Q

Fill in the blank: The power to issue writs is an important aspect of _______ in India.

A

Judicial review.

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15
Q

True or False: Writs can be issued against private individuals.

A

False; writs are generally issued against public authorities.

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16
Q

What is the nature of the remedy provided by writs?

A

It is a speedy and efficacious remedy for the enforcement of rights.

17
Q

Which writ would be appropriate to challenge an unconstitutional law?

A

Habeas Corpus or Certiorari, depending on the context.

18
Q

Can a writ be issued against a legislative body?

A

No, generally writs cannot be issued against legislative bodies.

19
Q

What is the role of the Supreme Court in relation to writ jurisdiction?

A

It serves as the highest authority to enforce fundamental rights and has original jurisdiction under Article 32.

20
Q

What does the term ‘extraordinary jurisdiction’ refer to in the context of writs?

A

The power of the Supreme Court and High Courts to issue writs in exceptional circumstances.

21
Q

Can individuals file a writ petition directly in the Supreme Court?

A

Yes, under Article 32 for the enforcement of fundamental rights.

22
Q

What is the importance of the term ‘public duty’ in the context of Mandamus?

A

It refers to the obligation of public authorities to act in accordance with the law.

23
Q

Fill in the blank: The issuance of writs is primarily aimed at protecting _______.

A

Fundamental rights.

24
Q

Which writ is also known as the ‘Great Writ’?

A

Habeas Corpus.

25
Q

How does a writ of Quo Warranto function?

A

It challenges the authority of a person to hold a public office.

26
Q

Which article is known as the heart and soul of the constitution

A

Article 32