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Answer 1

Question:

What are the power of issuing writs is given to the Supreme Court to endure the enjoyment of rights by the people and to restore their rights in case of any violation. The five types of writs are?

Answer:

Our Supreme Court is the guardian of the Fundamental Rights of the citizens of India.

It protects the Fundamental Rights from being eroded, abridged or infringed upon by any person or group of persons or the state itself.

There are five types of writs :

• Habeas Corpus

• Prohibition

• Mandamus

• Certiorari

• Quo Warranto

Habeas Corpus :

• Habeas Corpus means 'to have a body'.

• According to this writ, the court can get the body of any person released if it has been unlawfully captured by any person or a group of persons or by the state.

• Thus, this writ is a great safeguard for the personal freedom of a citizen.

Certiorari:

• This writ is issued by the Superior Court to the judicial or Quasi-judicial authorities in order to quash its order or decision.

• The difference between Prohibition and Certiorari is that while the former is issued when certain proceedings are still going on whereas the latter is issued only when the order has already been passed.

Prohibition:

• This type of writ is an order from a Superior Court that is, either the Supreme Court or the High Court to an Inferior Court to stop proceedings in a case in which the opinion of the Higher Court might be contemplating to do in excess of jurisdiction.

Mandamus:

• It actually means 'we command'.

• Thus, This writ is a sort of command from a Superior Court to a Subordinate Court or an administrative authority in case if they have refused to exercise their jurisdiction and failed to perform their duty.

Quo Warranto :

• This type of writ is issued by a court to a public servant to enquire into the legality of a person holding a public office and to expel him if his claim is not well founded.

• Thus, this writ prevents an unlawful claimant from holding a superior public office.

Answer 2

Supreme Court of India is the defender of the fundamental rights of the citizens. For that, it has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of the citizens.

The five types of writs are:

▶$\bf\green{Habeas Corpus}$

▶$\bf\red{Mandamus}$

▶$\bf\purple{Prohibition}$

▶$\bf\orange{Certiorari}$

▶$\bf\blue{Quo-Warranto}$

$\bf\large\underline\green{Habeas \:Corpus}$

↦It means  ‘To have the body of.’

↦This writ is used to enforce the fundamental right of individual liberty against unlawful detention.

↦Through Habeas Corpus, Supreme Court/ High Court orders one person who has arrested another person to bring the body of the latter before the court.

   

     

$\bf\large\underline\red{Mandamus}$

↦It means  ‘We command.’

↦This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work.

↦Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.

 

             

$\bf\large\underline\purple{Prohibition}$

↦It means ‘To forbid.’

↦ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.

↦It directs inactivity.

 

 

             

$\bf\large\underline\orange{Certiorari}$

↦It means ‘To be certified’ or ‘To be informed.’

↦This writ is against issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or squash their order in a case.

↦It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law.

↦It not only prevents but also cures for the mistakes in the judiciary.

   

 

           

$\bf\large\underline\blue{Quo-Warranto}$

↦It means ‘By what authority or warrant.’

↦Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person.

↦Through this writ, the court enquires into the legality of a claim of a person to a public office

 

 

             

LET'S EXPLORE MORE :-

More information on  "Habeas Corpus"

↦Supreme Court or High Court can issue this writ against both private and public authorities.

↦Habeas Corpus cannot be issued in the following cases:

•When detention is lawful

•When the proceeding is for contempt of a legislature or a court

•Detention is by a competent court

•Detention is outside the jurisdiction of the court

   

           

More information on "Mandamus":

↦Mandamus cannot be issued against a private individual

↦Mandamus can not be issued in the following cases:

•To enforce departmental instruction that does not possess statutory force

•To order someone to work when the kind of work is discretionary and not mandatory

•To enforce a contractual obligation

↦Mandamus can’t be issued against Indian President or State Governors

 

   

         

More information on "prohibition" :

↦Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.

↦It can’t be issued against administrative authorities, legislative bodies, and private individuals or bodies.

   

 

           

More information on "Certiorari" :

↦It cannot be issued against legislative bodies and private individuals or bodies.

 

             

More information on "Quo Warranto " :

↦Quo-Warranto can be issued only when the substantive public office of a permanent character created by a statute or by the Constitution is involved

↦It can’t be issued against private or ministerial office