Question
Download Solution PDFUnder which article can the Supreme Court issue a writ?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Article 32.
Key Points:
- Article 32 provides the right to Constitutional remedies which means that a person has the right to move to Supreme Court (and high courts also) for getting his fundamental rights protected. While the Supreme Court has the power to issue writs under Article 32, High Courts have been given the same powers under Article 226.
Important Points:
- Mandamus means "a command" which is issued by the court to enforce fundamental rights whenever a public officer or a government representative has committed an act of violating a person’s fundamental rights.
- Habeas Corpus means “to produce the body” which is issued to let the court know the grounds of confinement. This protects an individual's Liberty.
- Quo Warranto means "By what authority". It is issued by the court to enquire into the legality of a claim which a person asserts to public office. This writ enables the public to see that a public office is not usurped.
- Certiorari means "to be certified". It is issued to a Lower court after a case has been decided by it, quashing the decision or order by the High court or Supreme court. It ensures that the jurisdiction of an inferior Court or Tribunal is properly exercised.
Additional Information
Article |
Description |
Article 131 |
Original Jurisdiction of Supreme Court |
Article 32 |
Writ jurisdiction of Supreme Court |
Article 143 |
Power of president to consult the Supreme Court |
Article 226 |
Powers of High Courts to issue Writs |
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