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Explain the writs of the constitution of India?

Posted by jobseeker Poonam Kumari | Approved
Answers (4)

The Constitution of India provides five types of writs that the courts can issue to protect the Fundamental Rights of citizens. These writs are powerful legal tools under Article 32 (Supreme Court) and Article 226 (High Courts).

Here’s a simple explanation of each:
1. Habeas Corpus – "To have the body"
Meaning: It is used to protect personal liberty.
Purpose: If someone is illegally detained, the court can order the authorities to bring the person to court and explain why they are being held.
In simple words: "Let the person go if there’s no legal reason to keep them."
2. Mandamus – "We command"
Meaning: A command from the court to a public official or authority.
Purpose: To order them to do their legal duty if they are failing or refusing to do it.
In simple words: "Do your job as the law requires."
3. Prohibition – "To forbid"
Meaning: Issued by a higher court to a lower court or tribunal.
Purpose: To stop them from going beyond their legal powers.
In simple words: "Stop what you're doing—it’s outside your limits."
4. Certiorari – "To be informed"
Meaning: Higher court asks a lower court to send records of a case.
Purpose: To review and cancel an illegal or incorrect decision.
In simple words: "We’re checking your work and correcting it if needed."
5. Quo Warranto – "By what authority"
Meaning: Used to challenge the authority of a person holding a public office.
Purpose: To remove someone who is not legally qualified to hold that post.
In simple words: "Who gave you the right to hold this position?"
These writs are important for protecting rights and ensuring justice in India.

Answered by jobseeker Surabhi rai | Approved

The Constitution of India provides five types of writs under Article 32 and Article 226 to protect Fundamental Rights. These are:

Habeas Corpus – "Produce the body": Issued to release a person who is illegally detained.

Mandamus – "We command": Issued to a public official to perform their legal duty.

Prohibition – Issued by a higher court to stop a lower court from exceeding its jurisdiction.

Certiorari – Issued by a higher court to quash an order passed by a lower court which acted beyond its authority.

Quo-Warranto – "By what authority": Issued to challenge the legality of a person holding a public office.

Answered by jobseeker Krish Chandna | Approved

Article 32 talks about the writs of The Constitution of India. It empowers the Supreme Court to issue five types of writs to protect citizens' fundamental rights:
1. )Habeas Corpus: Latin for "you shall have the body," this writ orders the release of a person unlawfully detained, ensuring personal liberty.
2.) Mandamus: Meaning "we command," it directs a public authority to perform a duty it has failed to execute

3.) Prohibition: Issued by a higher court to prevent a lower court or tribunal from exceeding its jurisdiction .
4.)Certiorari: Latin for "to be informed," this writ quashes an order of a lower court or tribunal that has acted beyond its jurisdiction .
5.)Quo Warranto: Meaning "by what authority," it challenges a person's right to hold a public office .

Answered by jobseeker Poonam Kumari | Approved

In the Indian Constitution, writs are formal written orders issued by courts, primarily the Supreme Court (under Article 32) and High Courts (under Article 226), to enforce fundamental rights and ensure governmental accountability. They act as a remedy against the violation of fundamental rights and can also be used to correct legal wrongs. There are five main types of writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo-Warranto, each serving a distinct purpose.
Types of Writs:
Habeas Corpus:
This writ means "you have the body" and is issued to release a person who is believed to be unlawfully detained. It ensures personal liberty by requiring the person in custody to be brought before the court to justify the detention.
Mandamus:
Literally "we command," this writ is issued to compel a public authority or government official to perform a specific duty or action when they have failed to do so. It is a directive order ensuring the government acts in accordance with its obligations.
Certiorari:
Meaning "to be certified," this writ is issued to quash or set aside the order of a lower court or tribunal when the court's decision is deemed illegal or beyond its jurisdiction. It acts as a check on the powers of subordinate courts.
Prohibition:
This writ prevents a lower court or tribunal from exceeding its jurisdiction by issuing an order or taking action that is beyond its powers. It ensures that courts stay within their defined legal boundaries.
Quo Warranto:
Meaning "by what authority," this writ is used to question the legality of a person's claim to a public office or position. It ensures that public offices are held by individuals with legitimate authority.

Answered by jobseeker Garima Rajput | Approved

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