Kerala PSC Expected Questions on Constitution and Polity - 02

Types of Writs In Indian Constitution
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Types of writs are 
1. Habeas Corpus
2. Mandamus
3. Certiorari
4. Quo Warranto
5. Prohibition.
Habeas Corpus (to have the body) 
It is an order calling upon the person who has detained another, to produce the latter before the court in order to let the court know on what ground he has been confined and to set him free if there is no legal justification for the imprisonment.
Mandamus (we command) 
Commands a person to whom it is addressed to perform some public or quasi public legal duty which he has refused to perform and the performance of which cannot be enforced by any other adequate legal remedy.
Certiorari (to be certified) 
Is issued directing the subordinate court to send up certain records for review.
Quo Warranto (on what authority)
Is a proceeding whereby the court enquires into the legality of the claim which a party asserts to public office, and to oust him from its enjoyment if the claim is not well founded.
Prohibition 
This writ is issued by the Supreme Court or a High Court to an inferior court forbidding the latter to continue proceedings in a case in excess of its jurisdiction or to usurp a jurisdiction with which it is not legally vested.
The Supreme Court exercise the power to issue writs under Article 32 and High Court applies such a power under Article 226 of the Constitution Supreme Court & High Court alone have power to issue writs. 
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Constitution and Polity

STUDY NOTES - ENGLISH

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