Question

Consider the following statements regarding “Writs”:

1. The Supreme Court and the high courts can issue the writs.

2. Parliament can also empower any court to issue writs.

Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 or 2

Answer 1

Correct Answer - Option 3 : Both 1 and 2

The correct answer is Both 1 and 2

• The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. Hence, statement 1 is correct.
• Further, the Parliament (under Article 32) can empower any other court to issue these writs. Hence, statement 2 is correct.
• Since no such provision has been made so far, only the Supreme Court and the high courts can issue the writs and not any other court.

• Habeas Corpus
  • The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.
• Mandamus:
  • It literally means 'we command'.
  • It is a command issued by Court to a Public official asking him to perform the official duties that he has failed/refused to perform.​
• Quo-Warranto
  • The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. 
• Prohibition
  • The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.
• Certiorari
  • The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’
  • This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.