History & Civics
Explain the following writs :
(a) Habeas Corpus
(b) Mandamus
(c) Prohibition
(d) Certiorari
(e) Quo Warranto.
Supreme Court
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Answer
(a) Habeas Corpus — It means 'to have a body'. By issuing such a writ, the court can get the body of any person released if it has been unlawfully captured by any person or a group of persons or by the State. This writ is a great safeguard for the personal freedom of a citizen.
(b) Mandamus — It literally means 'we command. This writ is thus a sort of command from a superior court to a subordinate court or an administrative authority in case they refuse to exercise their jurisdiction and fail to perform their duty.
(c) Prohibition — This writ is an order from a superior court — the Supreme Court or a High Court — to an inferior court to stop proceedings in a case which it, in the opinion of the higher court, might be contemplating to do in excess of its jurisdiction.
(d) Certiorari — This writ is issued by the superior court to the judicial or quasi-judicial authorities in order to quash its order or decision. The difference between Prohibition and Certiorari is that while the former is issued when certain proceedings are still going on, the latter is issued only when the order has already been passed.
(e) Quo Warranto — This type of writ is issued by a court to a public servant to enquire into the legality of his holding a public office and to oust him if his claim is not well-founded. Then this writ prevents an unlawful claimant from holding a superior public office.
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