EASY TRICK TO LEARN THE FIVE WRITS OF CONSTITUTION!
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Just read it once and learn the five writs on your finger tips!
The Confession of a Rajasthani Girl…
हाँ मैंने प्रेम कियो सै!!!
हाँ (ha) – Habeas Corpus
मैंने (man) – Mandamus
प्रेम (pr) – Prohibition
कियो (quo) – Quo-Warranto
सै (ce) – Certiorari
I used to forget these writs and got confused whenever I tried to remember them in need, so I made up my mind to solve this writ problem once and for all. Although this trick is funny but quite useful when the mind gets blocked in the exams and every option seems to be the correct one. Now let us understand in detail what these writs are all about.
Our Constitution has assigned the responsibility of protection of Fundamental Rights to the Supreme Court (under article 32) and High courts (under article 226). In case of violation of these rights, the concerned persons can directly approach the Supreme Court/High courts for getting their fundamental rights enforced.
The Court may issue following five writs for the same:
Habeas Corpus: It means ‘to have the body’. Under this writ, the court issues order to the concerned authority or person to produce the detainee before the court in order to let the court know on what grounds the concerned person has been detained and to set him free if there is no legal justification for imprisonment. It can be issued against both an official and private person.
Mandamus: It means ‘Command’. It is issued to a public authority to command him to do a duty which he is supposed to do but he has not performed. The writ of mandamus can also be issued against lower courts, if they have refused to exercise their designated jurisdiction. This writ can’t be issued against private persons.
Prohibition: This writ is normally issued by a Superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction. Thus the writ of prohibition ensures that the lower courts should limit their activities within the limit of their jurisdiction and should not go beyond that limit. The effect of the writ is that the proceeding in a case which is beyond jurisdiction is stopped in the lower court and the case is transferred to the court which is competent to exercise jurisdiction in that case.
Qu-warranto: It means ‘by what authority’. The writ of quo-warranto is issued against a person occupying a public office without any qualification for the appointment. The court inquires as to under what authority the concerned person is holding a particular office.
Certiorari: The writ of Certiorari is also issued against inferior courts by the Supreme Court or the High courts, if the lower courts have violated their designated jurisdiction and pronounced the decision on the case. The effect of this writ is that the judgement or order issued by the lower court is quashed and the case is transferred to the appropriate court.
The ground for issuing the writs of prohibition and certiorari is the same i.e. violation of jurisdiction, but the difference is that the writ of prohibition is issued before the final judgement of the lower courts whereas the writ of certiorari is issued after the judgement in a case has been announced by lower courts.
I hope these writs will not trouble you in the exams anymore 😛
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