History & Civics
With reference to the Supreme court's role as protector of Fundamental Rights, explain the significance of the following Writs:
(a) Writ of Habeas Corpus
(b) Writ of Mandamus
(c) Writ of Quo Warranto
Or
How does the Constitution ensure that the Supreme Court acts as Custodian (Guardian) of the Fundamental Rights?
Supreme Court
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Answer
The Supreme Court is the guardian of the Fundamental Rights. It is empowered to issue various Writs to enforce the Fundamental Rights.
(a) Habeas Corpus is a Latin term which means "you may have the body".
- It provides a remedy for a person who has been unlawfully held in prison or in police custody.
- The Writ can also be issued where a person has been detained by a private individual.
- The Supreme Court and the High Courts command the detaining authority to bring the prisoner into Court to explain why he is being held.
- If the cause is insufficient, the prisoner is at once unconditionally released.
(b) The Latin term 'mandamus' means "we command".
- The purpose of the writ is to compel an inferior court or an individual to perform their duty.
- The duty must be imposed by the Constitution or some law.
- 'Mandamus' will not lie against a private individual or organisation unless they are entrusted with a public duty.
(c) This writ is directed against a person who has wrongfully usurped an office.
- The office must be a 'public office' or an office of public nature.
- The Writ calls upon the person to show under what authority he holds the office.
- If the court decides that the person concerned is holding that office illegally, it may declare the office to be vacant.
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