ABHYAS PREP: INDIAN POLITY (UPSC AND MPSC) · RIGHTS AND REMEDIES

The five writs

Habeas corpus, mandamus, prohibition, certiorari and quo warranto.

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Worked examples

Example 1 · level 1

What does the writ of habeas corpus do?

  1. Orders that a detained person be brought before the court, to test whether the detention is lawful
  2. Orders a public official or body to do a duty it has failed to do
  3. Cancels an order a lower court or tribunal has already passed without the power to do so
  4. Asks a person to show by what right they hold a public office
Show solution
  1. Habeas corpus: Orders that a detained person be brought before the court, to test whether the detention is lawful (Latin for "you may have the body").
  2. Mandamus: Orders a public official or body to do a duty it has failed to do (Latin for "we command").
  3. Quo warranto: Asks a person to show by what right they hold a public office (Latin for "by what authority").
  4. Certiorari: Cancels an order a lower court or tribunal has already passed without the power to do so (Latin for "to be certified").
  5. Source: https://legislative.gov.in/constitution-of-india/

Answer: Orders that a detained person be brought before the court, to test whether the detention is lawful

Example 2 · level 2

Consider the following statements: 1. The writ of quo warranto stops a lower court or tribunal from going beyond its powers while a case is still pending. 2. The writ of prohibition stops a lower court or tribunal from going beyond its powers while a case is still pending. Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
Show solution
  1. Statement 1 is wrong: it pairs Quo warranto with "Stops a lower court or tribunal from going beyond its powers while a case is still pending". In fact, Quo warranto: Asks a person to show by what right they hold a public office (Latin for "by what authority").
  2. Statement 2 is correct: Prohibition: Stops a lower court or tribunal from going beyond its powers while a case is still pending.
  3. Source: https://legislative.gov.in/constitution-of-india/

Answer: 2 only

Example 3 · level 3

Consider the following statements: 1. The writ of certiorari cancels an order a lower court or tribunal has already passed without the power to do so. 2. The writ of habeas corpus stops a lower court or tribunal from going beyond its powers while a case is still pending. Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
Show solution
  1. Statement 1 is correct: Certiorari: Cancels an order a lower court or tribunal has already passed without the power to do so (Latin for "to be certified").
  2. Statement 2 is wrong: it pairs Habeas corpus with "Stops a lower court or tribunal from going beyond its powers while a case is still pending". In fact, Habeas corpus: Orders that a detained person be brought before the court, to test whether the detention is lawful (Latin for "you may have the body").
  3. Source: https://legislative.gov.in/constitution-of-india/

Answer: 1 only

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