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Consider the following statements
1. Certiorari is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
2. The writ of prohibition can be issued against administrative authorities, legislative bodies.
3. Quo-warranto is issued by the court to enquire into the legality of claim of a person to public office.
4. The writ of mandamus can be issued against the State Governor.
Select the correct answer from codes given below
1 and 2 only
2 and 3 only
1 and 3 only
All of the above
First is correct. Certiorari – • It means ‘to be certified’ or ‘to be informed’. • It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to it or to squash the order-of the latter in a case. • It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. • Prohibition is only preventive, but certiorari is both preventive as well as curative. • Till recently, the writ of certiorari could be issued only against judicial and quasi-judicial authorities. • In 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals. • Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.
Second statement is incorrect. Prohibition – • It means ‘to forbid’. • It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction. • Mandamus directs activity, but 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 or bodies.
Third is correct. Quo-Warranto – • 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. • It prevents illegal usurpation of public office by a person. • The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. • It cannot be issued in cases 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.
Fourth is incorrect. Mandamus – • It means ‘we command’. • It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. • It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. The writ of mandamus cannot be issued -
1. against a private individual or body; 2. to enforce departmental instruction that does not possess statutory force; 3. when the duty is discretionary and not mandatory; 4. to enforce a contractual obligation; 5. against the president of India or the state governors; and 6. against the chief justice of a high court acting in judicial capacity.
By: Vishal ProfileResourcesReport error
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