1. Under which Article Supreme Court and High Court can issue writs?
Under Article 32, Supreme Court can issue writs and under Article 226 High Court can issue writs.
2. What are the five important writs?
There are five important writs, Habeas Corpus, Mandamus, Quo Warranto, Prohibition, and Certiorari.
3. What is Habeas Corpus?
It means “To have a body of” which stands for order by court to person who detained another person to explain legality of detention and to make him free if cause is illegal.
4. What is Mandamus?
It means “command issued by court to a public official asking him to perform official duties which he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose”.
5. What is Prohibition?
It means “to forbid”. It is issued by high court to lower court to prevent from exceeding its jurisdiction. It can be issued only against judicial and quasi judicial body.
6. What is Certiorari?
It means “to be certified or to be informed”. It is issued by higher to lower court to either transfer a pending case to itself or squash the order in a case.
7. What is Quo Warranto?
It means “by what authority or warrant”. It enquires into the legality of claim of a person to public office.
8. The writ of Mandamus cannot be issued against whom?
It cannot be issued against the following:
- A private individual or body
- When duty is not mandatory
- For departmental instruction that does not have legal force
- To impose a contractual obligation