Question
Download Solution PDF______ 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.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe 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
- A 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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