Question

Which writ among the following is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform, which can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose?

• A. Certiorari
• B. Mandamus
• C. Quo-Warranto
• D. Habeas Corpus

Answer 1

Answer:

B. Mandamus

Writs in the Indian Constitution

• These are orders issued by the judiciary to protect and enforce fundamental rights and to ensure justice.
• Writs are a vital part of the Indian legal system and are primarily issued by the Supreme Court and High Courts.
• The Supreme Court has the authority to issue writs to enforce rights under the Article 32 of the Indian Constitution whereas the High Court has the same authority under Article 226

There are five types of writs provided in the Indian Constitution, namely:

1. Habeas Corpus: This writ is used to protect an individual's personal liberty by demanding the release of a person who has been unlawfully detained or imprisoned. It is issued to prevent wrongful confinement and to ensure that the detainee is produced before the court.

2. Mandamus: Mandamus means "we command." This writ is issued by a court to compel a public official or government authority to perform their official duties or fulfill a legal obligation. It is used to remedy inaction or failure to act on the part of a public authority.

3. Prohibition: This writ is issued by a higher court (usually a High Court or the Supreme Court) to prohibit a lower court or tribunal from exceeding its jurisdiction or from acting in a manner contrary to the law. It is used to prevent a lower court from proceeding with a case that falls outside its jurisdiction.

4. Certiorari: Certiorari means "to be certified." This writ is used by a higher court to quash the order or decision of a lower court or tribunal if it believes that the lower court's decision was made without jurisdiction or in violation of the principles of natural justice.

5. Quo Warranto: Quo warranto means "by what authority." This writ is issued to inquire into the legality of a person holding a public office or position. It questions whether the individual has the legal right or authority to hold the office or position in question.