What is writs? What is the function of the writs
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Answer:
Writs in brief
To secure the performance of public duties by lower court, tribunal or public authority. To quash the order already passed by an inferior court, tribunal or quasi judicial authority. To prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try.
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Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights.
Explanation:
- All writs are considered as order.
- The writ is used to order the person to whom is approached to perform or cease performing a specified action.
- The function of these writs is to make the executive work as per their role.
- Writs can be an issue by both the High court and the Supreme court.
- Writs are the power given to the judiciary for the implementation of the 'fundamental rights'.
- Habeas Corpus, Mandamus, Prohibition are the types of writs.
- Habeas Corpus: It is issued to the person who has detained another , to let the court name on what ground the person is detained.
- Mandamus: These are issued to those government employee who has refused or not have done the public duty.
- Prohibition: it is issued by Supreme court or high court to the lower level Courts regarding the jurisdiction.
Learn more about writs
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What is writ? and how many type of writs are there?
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