Question 1

What is the literal meaning of the Latin term 'Habeas Corpus'?

Accepted Answer

To have the body of. The Latin term 'Habeas Corpus' literally means 'to have the body of'. 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. This writ acts as a bulwark of individual liberty against arbitrary detention.

Question 2

Which Article of the Indian Constitution empowers the Supreme Court to issue writs?

Accepted Answer

Article 32. Article 32 empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights. This right to move the Supreme Court is itself a Fundamental Right. Dr. B.R. Ambedkar called this Article the 'heart and soul' of the Constitution.

Question 3

The writ of 'Mandamus' is issued to ensure which of the following?

Accepted Answer

Performance of public duty. The writ of Mandamus is a command issued by the court to a public official asking him to perform his official duties. It can be issued against any public body, a corporation, an inferior court, a tribunal, or government. It literally means 'We Command'.

Question 4

Which writ is issued by a higher court to a lower court to prevent it from exceeding its jurisdiction?

Accepted Answer

Prohibition. The writ of Prohibition is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction. Unlike Mandamus that commands activity, Prohibition commands inactivity. It is issued only against judicial and quasi-judicial authorities.

Question 5

Which writ acts as a check on a person holding a public office which he is not entitled to?

Accepted Answer

Quo-Warranto. The writ of Quo-Warranto is issued to enquire into the legality of a claim of a person to a public office. It prevents illegal usurpation of public office by a person. It literally means 'by what authority or warrant'.

Writs — Set 1