Writs in indian Constitution

#everydayquiz #writs 

Writs ( Very imp topic jiske bare v sabhi ko pta hona chahiye ) :-)

# Ye Article 32 me diye hai hmare constitution me

# Indian constitution ne Supreme court and High courts ko empower kiya hai

ye writs issue karne k liye agar kvi Fundamental right k violation hota hai

# it is given under article 32 which is Right to constitutional Remedies. Esme 5 type k writs diye hai........

1) Habeas Corpus literally means ‘to have the body of’.

Via this writ, the court can cause any person who has been detained or imprisoned to be physically brought before the court.

The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free.

Such a writ can be issued in following example cases:

When the person is detained and not produced before the magistrate within 24 hours

When the person is arrested without any violation of a law.

When a person is arrested under a law which is unconstitutional When detention is done to harm the person or is malafide.

2) Mandamus means “we command”.

This writ is a command issued by court to a public official, public body, corporation, inferior court, tribunal or

government asking them to perform their duties which they have refused to perform.

Due to this, Mandamus is called a “wakening call” and it awakes the sleeping authorities to perform their duty.

3) Prohibition

The writ of prohibition means that the Supreme Court and High Courts may prohibi

the lower courts such as special tribunals, magistrates, commissions, and other judiciary

officers who are doing something which exceeds to their jurisdiction or acting contrary to the rule of natural justice.

4) Certiorari

Certiorari means to “certify”.

It’s a writ that orders to move a suit from an inferior court to superior court.

It is issued by a higher court to a lower court or tribunal either to transfer a case pending with that to itself or squash its order.

5) Quo warranto

Quo warranto means “by what warrant”?

This writ is issued to enquire into legality of the claim of a person or public office.

This writ is applicable to the public offices only and not to private offices.

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