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With respect to the Writ jurisdiction, consider the following statements:
1. The writ of habeas corpus cannot be issued against the private individuals.
2. The writ of prohibition is available only against the judicial bodies. 3. The writ of quo-warranto can be sought even by a non-aggrieved person.
Which of the statements given above is/are correct?
1 and 2 only
1 and 3 only
2 and 3 only
1, 2 and 3
Habeas Corpus ? It is a Latin term which literally means "to have the body of". It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is the found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention ? The writ of habeas corpus can be issued against both public authorities as well as private individuals. (Hence statement 1 is incorrect) ? The writ, on the other hand, is not issued where: o the detention is lawful, o the proceeding is for contempt of a legislature or a court, o the detention is by a competent court, and o The detention is outside the jurisdiction of the court. Prohibition ? Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter farm exceeding its jurisdiction usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity.
? The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, and private individuals are bodies. (Hence statement 2 is correct) Quo-Warranto ? In the literal sense, it means by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. ? The writ can be issued only in case of substantive public office of a permanent character created by a statute or by this constitution. It cannot be issued in case of ministerial office or private office. ? Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person. (Hence statement 3 is correct)
By: Parvesh Mehta ProfileResourcesReport error
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