Total Pageviews

Search This Blog

Showing posts with label Quo Warranto. Show all posts
Showing posts with label Quo Warranto. Show all posts

Correct meaning of the above mentioned expressions used in Article 32 of the Constitution?

Article 32 of the constitution deals with ‘Right to Constitutional Remedies’ in which the Supreme Court can issue directions, orders or writs for the enforcement of fundamental rights.

(a) Habeas Corpus:

Habeas Corpus, a Latin term, means ‘produce the body’. This writ is, generally, issued to produce the body of a person detained illegally. This is one of what are called the “extraordinary”, or “prerogative writs”.

(b) Mandamus:

Mandamus, a Latin term, means ‘we command’. This writ is issued from a court of superior jurisdiction that commands an inferior judicial or quasi-judicial body to do or not to do something in the nature of public duty.

(c) Prohibition:

Generally, this writ is issued to prevent an inferior court/tribunal from exceeding its jurisdiction or acting contrary to the rule of natural justice. This writ is issued when the matter is pending in the court but when the matter has been already decided, the writ of certiorari is issued.

(d) Quo Warranto:

Quo warranto means ‘what is your authority’. This writ is issued against the person who has occupied any public office without authority.

(e) Certiorari:

On the ground of lack of jurisdiction, generally, this writ is issued by the High Courts and Supreme Court.

Followers