Question

Consider the following statements.

1. The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo-warranto, and certiorari.

2. The writ jurisdiction of the supreme court is wider than that of the High Court.

Which among the above statements is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer 1

Correct Answer - Option 1 : 1 only

The correct answer is 1 only.

• The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo-warranto, and certiorari. Hence, Statement 1 is correct.
• The Supreme court can issue writs only for the enforcement of the Fundamental Rights and not for other purposes.
• The High court can issue writs not only for the enforcement of fundamental rights but also for other purposes. It means that writ jurisdiction of the high court is wider than that of the supreme court. Hence, Statement 2 is incorrect.
• However, the Parliament can confer on the supreme court, the power to issue writs for other purposes also.

• Habeas Corpus - It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it.
• Mandamus - It is a command issued by the court to a public official asking him to perform his official duties which he has failed to perform.
• Prohibition - It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction.
• Certiorari - It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself.
• Quo-warranto - It is issued by the court to enquire into the legality of claim of a person to a public office.