Explain the various writs to protect fundamental rights
Answers
1. Habeas Corpus
"Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained , whether in prison or in private custody, before a court and to release him if such detention is found illegal.
2. Mandamus
Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fails to do so.
3. Certiorari
Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority.
There are several conditions necessary for the issue of writ of certiorari .
There should be court, tribunal or an officer having legal authority to determine the question with a duty to act judicially.Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer.The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case.
4. Prohibition
The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc. come to a stop.
Difference between Prohibition and Certiorari:
While the writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced.Both the writs are issued against legal bodies.
5. The Writ of Quo-Warranto
The word Quo-Warranto literally means "by what warrants?" or "what is your authority"? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.
Conditions for issue of Quo-Warranto
The office must be public and it must be created by a statue or by the constitution itself.The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.There must have been a contravention of the constitution or a statute or statutory instrument, in appointing such person to that office.
Answer:
Writ jurisdiction is enjoyed only by the Supreme Court and High Courts under Article 32 and 226 of the Constitution, respectively. A writ petition can only be filed against the State and not against private individuals or organisation. A writ is issued by the court, in general, against the State. Under their writ jurisdiction Supreme Court and High Courts issue appropriate writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Writ of Habeas Corpus:
This writ is used to protect individual's liberty. It is issued when a person is detained illegally and wrongfully. This writ can be filed before the court by any individual or organisation, not necessarily the aggrieved individual. This writ can be issued by the court both against the State and individual. Habeas Corpus literally means 'to have the body' i.e. physically producing the person whose detention is questioned before the court in order to enable the court to ascertain the grounds of detention. However, if all the material facts relating to the detention of the person are made available to the court, the court may not insist upon the physical production of detained person. When the court finds the detention illegal or unlawful, it will order the release of the person henceforth.
Writ of Mandamus:
This petition can be filed before the court only by the aggrieved individual. It can be filed only when the legal right of the person is violated. Private rights can't be enforced through the petition of Mandamus. It can be issued by a court only against a public authority or a person holding a public office. It cannot by issued against an individual or private organisation. It is issued when a public authority or officer is charged with a legal duty and he/she has failed to perform the duty which has resulted in the violation of a legal rights of the petitioner. Mandamus literally means 'command', therefore when it is issued it commands a public authority or officer to do or not to do something which is in the nature of his/her public duty. This writ can't be issued against President and Governors.
Writ of Prohibition:
This writ can be issued only against a judicial or quasi-judicial body and not against non-judicial bodies. This petition can be filed only by the aggrieved individual. This writ is issued when a judicial/quasi-judicial body takes up a case for hearing in excess or in absence of its jurisdiction. The purpose of the court is to prohibit the judicial/quasi-judicial body from proceeding further with the case. (Here judicial/quasi-judicial bodies could be lower courts, tribunals, for example.)
Writ of Certiorari:
It is similar to above writ in all respect except that it is issued after a judicial/quasi-judicial body has completed a trial of a case and pronounced it judgement/direction/order in excess or in absence of its jurisdiction. Thus the purpose of the writ is to quash or nullify the judgement/direction/order issued by such a judicial/quasi-judicial body.
Writ of Quo Warranto:
This writ can be issued only against a person holding a public office in order to ensure that a public office is not usurped by a person who is not qualified to hold the office. This petition can be filed by any person. When this writ is issued, it has the effect of removal of the person from public office with immediate effect.
If this answer is helpful, please mark it as the brainliest:)
Explanation: