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The Constitution of India recognizes fivetypesof writs habeas corpus, mandamus, prohibition, certiorari, and quo warranto. In this context, consider the following statements:
  1. Prohibition is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction.
  2. Certiorari is issued to inquire into the legality of a person holding a public office, corporation, or position of power.
  3. Quo Warranto is issued by a higher court to a lower court or tribunal, directing them to send the records of a case for review.
How many of the above statements are correct?
  • a)
    Only one
  • b)
    Only two
  • c)
    All three
  • d)
    None
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
The Constitution of India recognizes fivetypesof writs habeas corpus, ...
Prohibition, Certiorari, and Quo Warranto under Writs in the Indian Constitution
Prohibition is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction.
- This statement is correct. Prohibition is a writ issued by a higher court to prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice.
Certiorari is issued to inquire into the legality of a person holding a public office, corporation, or position of power.
- This statement is incorrect. Certiorari is actually a writ issued by a higher court to a lower court or tribunal to transfer a case to itself for review, typically to ensure that the lower court has acted within the bounds of its authority.
Quo Warranto is issued by a higher court to a lower court or tribunal, directing them to send the records of a case for review.
- This statement is incorrect. Quo Warranto is a writ issued by a court to inquire into the legality of a person holding a public office, corporation, or position of power. It is used to challenge the authority or appointment of a person to a public office.
Conclusion:
Out of the three statements provided, only the first statement regarding Prohibition is correct. Certiorari and Quo Warranto have been incorrectly described. It is essential to understand the distinctions between these different types of writs as they serve distinct purposes in the Indian legal system.
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Community Answer
The Constitution of India recognizes fivetypesof writs habeas corpus, ...
  • Statement 1 is correct: Prohibition is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction.
  • Statement 2 is incorrect: Certiorari is issued by a higher court to a lower court or tribunal, directing them to send the records of a case for review.
  • Statement 3 is incorrect: Quo Warranto is issued to inquire into the legality of a person holding a public office, corporation, or position of power.
Writs and their uses
Prohibition:
  • Prohibition writ is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction or where there is an error of law.
  • It prevents inferior courts from exceeding their authority or acting beyond the scope of their powers.
  • Certiorari: Certiorari means "to be certified" in Latin. This writ is issued by a higher court to a lower court or tribunal, directing them to send the records of a case for review. It is used to correct errors of law, jurisdictional issues, or to ensure fair proceedings. The writ of certiorari is employed to bring a case from a lower court to a higher court for examination.
  • Quo Warrant: Quo warranto means "by what authority" in Latin. This writ is issued to inquire into the legality of a person holding a public office. corporation, or position of power. It challenges the authority or legitimacy of the person in that position and seeks to prevent the usurpation of public offices.
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The Constitution of India recognizes fivetypesof writs habeas corpus, mandamus, prohibition, certiorari, and quo warranto. In this context, consider the following statements: Prohibition is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction. Certiorari is issued to inquire into the legality of a person holding a public office, corporation, or position of power. Quo Warranto is issued by a higher court to a lower court or tribunal, directing them to send the records of a case for review.How many of the above statements are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'A'. Can you explain this answer?
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The Constitution of India recognizes fivetypesof writs habeas corpus, mandamus, prohibition, certiorari, and quo warranto. In this context, consider the following statements: Prohibition is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction. Certiorari is issued to inquire into the legality of a person holding a public office, corporation, or position of power. Quo Warranto is issued by a higher court to a lower court or tribunal, directing them to send the records of a case for review.How many of the above statements are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about The Constitution of India recognizes fivetypesof writs habeas corpus, mandamus, prohibition, certiorari, and quo warranto. In this context, consider the following statements: Prohibition is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction. Certiorari is issued to inquire into the legality of a person holding a public office, corporation, or position of power. Quo Warranto is issued by a higher court to a lower court or tribunal, directing them to send the records of a case for review.How many of the above statements are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The Constitution of India recognizes fivetypesof writs habeas corpus, mandamus, prohibition, certiorari, and quo warranto. In this context, consider the following statements: Prohibition is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction. Certiorari is issued to inquire into the legality of a person holding a public office, corporation, or position of power. Quo Warranto is issued by a higher court to a lower court or tribunal, directing them to send the records of a case for review.How many of the above statements are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'A'. Can you explain this answer?.
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