______ is an order or order given by a superior court to a subordinate court or tribunal or public authority, to do so if it is not discharging its duty.

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RRB NTPC CBT 2 Level -6 Official paper (Held On: 9 May 2022 Shift 1)
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  1. Habeas Corpus
  2. Mandamus
  3. Certiorari
  4. Quo Warranto

Answer (Detailed Solution Below)

Option 2 : Mandamus
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Detailed Solution

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The correct answer is Mandamus.

Key Points

  • 'Mandamus' means - We Command.
  • It is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty if it is not discharging its duty.
  • There are five writs that can be issued by the Supreme Court of India and the High Court of India - Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
  • Supreme Court has the power to issue writs under Article 32. 
  • High Courts have the power to issue writs under Article 226.

Additional Information

  • Habeas Corpus
    • Latin term which literally means ‘to have the body of’.
    • It is an order which is 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 the legality of the detention.
    • It is the only writ that can be issued both against public authorities as well as private individuals.
  • Prohibition
    • It means ‘to forbid
    • It is issued by the higher court to the lower court or the tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
  • Certiorari
    • It means ‘to be certified’ or sometimes ‘to be informed’.
    • It is issued by a higher court to the lower court or the tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter is the case.
  • Quo-Warranto
    • It means ‘by what authority or warrants’.
    • It is issued by the court to inquire into the legality of the claim of the person to the public office.
    • It prevents an illegal usurpation of the public office by the person.
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