Q. Consider the following pairs:
List I (Type of Writ) List II (Description)
1. Habeas Corpus It protects an individual against unlawful imprisonment.
2. Mandamus It prevents a court from exceeding its jurisdiction.
3. Prohibition It directs a public servant to perform his legal duties.
4. Certiorari It prevents illegal usurpation of public office by a person.
How many pairs given above are correctly matched?
Exp) Option a is the correct answer.
The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
Pair 1 is correct: It protects an individual against unlawful imprisonment. A writ of habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.
Pair 2 is incorrect: Mandamus writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the rights of an individual.
Pair 3 is incorrect: Prohibition is the writ issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction.
Pair 4 is incorrect: Under Certiorari writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court. Whereas Quo-Warranto means ‘by what authority or warrant’. It prevents illegal usurpation of public office by a person.
| Important Tips | |
| Writ Jurisdiction of Supreme Court | Writ Jurisdiction of High Court |
| The Supreme Court can only issue writs for the enforcement of fundamental rights. | A high court can issue writs for any purpose, including the enforcement of fundamental rights. |
| The Supreme Court may issue writs against a person or government throughout India’s territory | A high court may issue writs only against a person residing within its territorial jurisdiction or against a government or authority located outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction |
| A remedy under Article 32 is a Fundamental Right in and of itself, and thus the Supreme Court cannot refuse to exercise its writ jurisdiction. | A remedy under Article 226 is discretionary, and thus a high court may refuse to exercise its writ jurisdiction |
