1.

Explain the different types of Writs.

Answer»

a) Habeas Corpus: It is a Latin phrase to mean ‘Produce the Body’. This is an order which is against keeping people in illegal custody or prison. This is an order by the High Court or Supreme Court to present an arrested or detained person in the court within a certain time. If the Court feels that the person was arrested or detained without valid reason, it may order his immediate release. Habeas Corpus Writ can be issued even to individuals and organizations who may keep people in unlawful custody.

b) Mandamus: This Latin word means “We order”. When a government official does not do his duty and by that if somebody’s rights have been violated the Court issues a Mandamus. By this Writ the Court is asking the official to carry out his responsibility. 

c) Prohibition: When Lower Courts step beyond their jurisdiction or act against natural justice, the higher courts (High Court or Supreme Court) issue this Writ. For example, a higher court may prohibit a judge from hearing a case in which he has some personal interest.

d) Certiorari: It is a Latin word meaning “to give information about something”. This is a Writ by which a case is moved from a lower court to a higher court. There is a difference between Prohibition and Certiorari. Prohibition is issued to prevent a lower court from exceeding its jurisdiction. Burt Certiorari is when a lower court has exceeded its limits and the higher court intervenes. 

e) Quo Warranto: This Lain phrase means “By what authority”. It is a Writ issued by the High Court or Supreme Court preventing a person from occupying a post without the necessary qualifications. Through this, the Court has the right to remove an undeserving person from his position. This Writ is applicable to Public (Government) offices or jobs. Private companies won’t be affected by Quo Warranto.



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