Q. With respect to Article 32 of the Indian constitution, consider the following statements:
- Habeas Corpus and Mandamus can be issued against an individual.
- Prohibition can’t be issued against administrative authorities, legislative bodies and private individuals or bodies.
- Certiorari can be invoked against legislative authorities but not against administrative bodies.
- Quo Warranto can’t be issued against private or ministerial offices.
Which of the statements given above is/are correct?
Answer:
Only 2 & 4
Notes:
- The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo warranto , mandamus , certiorari ,prohibition etc., under Arts. 32 and 226 respectively. These have been borrowed in India from England. The right to constitutional remedies as we know is a guarantor of all other fundamental rights available to the people of India.
- Habeas corpus: related to personal liberty in cases of illegal detentions and wrongful arrests. It can be invoked not only against the state but also against any individual.
- Mandamus: directing public officials, governments, courts to perform a statutory duty. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government. It cannot be issued against a private individual.
- Quo warranto: to show by what warrant is a person holding public office. It can’t be issued against private or ministerial offices.
- Prohibition: directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for. Writ of Prohibition can only be issued against judicial and quasi-judicial authorities. It can’t be issued against administrative authorities, legislative bodies and private individuals or bodies.
- Certiorari: re-examination of an order given by judicial, quasi-judicial or administrative authorities. It can be issued even against administrative authorities affecting the rights of individuals. It cannot be issued against legislative bodies and private individuals or bodies.