Writs

Question 1

What is the meaning of “Habeas Corpus”?

Answer 1

“Habeas Corpus” is a Latin term that means “You may have the body.” It is a writ used to secure the release of a person who has been detained unlawfully.

Question 2

What is the purpose of the writ of Habeas Corpus?

Answer 2

The purpose is to protect an individual’s right to personal liberty by ensuring that no person is detained without lawful justification.

Question 3

When can the writ of Habeas Corpus be issued?

Answer 3

It can be issued when a person is detained illegally or without legal justification, such as wrongful imprisonment, arrest without cause, or without following due process.

Question 4

Who can file a petition for Habeas Corpus?

Answer 4

The detained person or any person on behalf of the detained person (like a friend or relative) can file a petition for this writ.

Question 5

Against whom can the writ of Habeas Corpus be issued?

Answer 5

It can be issued against any public authority, individual, or organization that has detained a person illegally.

Question 6

Are there any exceptions where Habeas Corpus cannot be issued?

Answer 6

Yes, it cannot be issued when detention is as per a competent court’s order or is within the limits prescribed by law.

Question 7

What does “Mandamus” mean?

Answer 7

“Mandamus” is a Latin word meaning “We Command.” It is a writ issued by a court to compel a public authority to perform a duty it is obligated to perform.

Question 8

What is the purpose of the writ of Mandamus?

Answer 8

The purpose is to ensure that public authorities and officials perform their public duties properly as required by law.

Question 9

When can the writ of Mandamus be issued?

Answer 9

It can be issued when a public authority or officer fails to perform a public duty or refuses to exercise their legal powers

Question 10

Who can file a petition for Mandamus?

Answer 10

Any person who has a legal right to the performance of a duty by a public authority can file a petition.

Question 11

Against whom can the writ of Mandamus be issued?

Answer 11

It can be issued against any government, corporation, tribunal, or public authority. However, it cannot be issued against a private individual or entity.

Question 12

Are there any exceptions where Mandamus cannot be issued?

Answer 12

Yes, Mandamus cannot be issued against the President of India or the Governors of States, nor against a private body or individual.

Question 13

What does “Prohibition” mean in legal terms?

Answer 13

The writ of Prohibition means “to forbid.” It is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or acting contrary to the law.

Question 14

What is the purpose of the writ of Prohibition?

Answer 14

The purpose is to prevent lower courts or tribunals from exceeding their jurisdiction or acting beyond their authority.

Question 15

When can the writ of Prohibition be issued?

Answer 15

It is issued when a lower court or tribunal is about to proceed with a case that is beyond its jurisdiction or when it acts in violation of natural justice principles.

Question 16

Who can file a petition for Prohibition?

Answer 16

Any party to a proceeding in a lower court or tribunal who believes that the court or tribunal is acting beyond its jurisdiction can file a petition.

Question 17

Against whom can the writ of Prohibition be issued?

Answer 17

It can be issued only against judicial and quasi-judicial authorities, not against administrative or executive bodies.

Question 18

What is the difference between Prohibition and Certiorari?

Answer 18

Prohibition is preventive; it is issued to stop proceedings in progress. Certiorari is corrective; it is issued to quash or nullify an already made decision.

Question 19

What does “Quo Warranto” mean?

Answer 19

Quo Warranto” means “By what authority?” It is a writ issued to prevent a person from unlawfully occupying a public office to which they are not entitled.

Question 20

What is the purpose of the writ of Quo Warranto?

Answer 20

The purpose is to ensure that only legally qualified persons hold public offices and to prevent unlawful usurpation of a public office.

Question 21

When can the writ of Quo Warranto be issued?

Answer 21

It can be issued when a person is found to be holding a public office without any legal authority or qualification.

Question 22

Who can file a petition for Quo Warranto?

Answer 22

Any interested person, not necessarily the aggrieved party, can file a petition for Quo Warranto.

Question 23

Against whom can the writ of Quo Warranto be issued?

Answer 23

It can be issued against any person who claims or occupies a public office without legal authority.

Question 24

Are there any exceptions to the writ of Quo Warranto?

Answer 24

It cannot be issued in cases involving private offices or matters, and it is only applicable to public offices of a substantive nature created by a statute or Constitution.

Question 25

What does “Certiorari” mean?

Answer 25

“Certiorari” means “To be certified.” It is a writ issued by a higher court to a lower court or tribunal, either to transfer a case to itself or to quash the order of the lower court.

Question 26

What is the purpose of the writ of Certiorari?

Answer 26

The purpose is to correct errors of jurisdiction or law by lower courts or tribunals and to ensure they act within their authority.

Question 27

Who can file a petition for Certiorari?

Answer 27

Any person who is affected by the order of a lower court or tribunal can file a petition.

Question 28

When can the writ of Certiorari be issued?

Answer 28

It is issued after the lower court or tribunal has passed an order or decision beyond its jurisdiction, in violation of the principles of natural justice, or contains an error of law.

Question 29

Against whom can the writ of Certiorari be issued?

Answer 29

It can be issued against judicial and quasi-judicial bodies but not against purely administrative or legislative bodies.

Question 30

What is the difference between Certiorari and Prohibition?

Answer 30

Certiorari is issued after the lower court has made a decision to quash the order, while Prohibition is issued to prevent the lower court from continuing proceedings.