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Dear students,
GA is an important section which can help you score maximum marks in minimum time in any competitive exam. You do not need to do hard calculations for the correct option, so it is best to be prepared beforehand with facts and figures to score maximum marks in this section. Important sections for Railway Exam are Current Affairs, History, Geography, General Science, Economy and Static GK. To give you information about all the important sections of GA, in this post we are providing you important topics related to writs of Indian Constitution. Information related to this particular topic is given below.
Writ in Indian Constitution
The Constitution has constituted the Supreme Court as the guarantor and protector of the fundamental rights of the citizens. These writs are adapted from English law and are known as 'prerogative writs'. The Supreme Court (under Article 32) and the High Court (under Article 226) can issue writs of habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. Any person whose fundamental right has been violated can directly approach the Supreme Court. (Note-Parliament (under Article 32) can give the right to issue these writs to any other court.)
Things to remember:
- The Supreme Court can issue writs only for the enforcement of fundamental rights whereas a High Court can issue writs not only for the enforcement of fundamental rights but also for any other purpose.
- The remedy under Article 32 is a fundamental right in itself and, therefore, the Supreme Court cannot refuse to exercise its writ jurisdiction.
- On the other hand, the remedy under Article 226 is discretionary and, therefore, a High Court can refuse to exercise its writ jurisdiction.
Let us understand the meaning and scope of different types of writs mentioned in Articles 32 and 226 of the Constitution.
There are five types of writs under the Indian Constitution.
1. Habeas Corpus
2. Mandamus:
3.Certiorari
4.Prohibition
5.Quo-warranto
Habeas Corpus
- It is a Latin word which literally means 'physical perception'.
- This order is issued by the court to a person who has detained another person. Its purpose is to ask for the production of the person in custody. The court then examines the reason and legality of the detention.
- This writ provides a shield of personal liberty against arbitrary detention.
- The writ of habeas corpus can be issued against both public authorities as well as private individuals.
Mandamus
- It literally means 'we command'.
- It is issued by the court to a government official who requires him to perform official duties that he has failed or refused to perform.
- It can also be issued against any public body, corporation, inferior court, tribunal, or government for the same purpose.
Prohibition
- Its literal meaning is 'to prohibit'.
- It is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or interfering with that jurisdiction. Which he doesn't have.
- Writ of prohibition can be issued only against judicial and quasi-judicial officers.
Certiorari
- In the literal sense, it means 'to be certified' or 'to be informed'.
- It is issued by a higher court to transfer a case pending before a lower court or tribunal to itself or to cancel an order in a case.
- It is issued on the ground of excess of jurisdiction or lack of jurisdiction or error of law.
Note-
Earlier, the writ of certiorari could be issued only against judicial and quasi-judicial officers and not against administrative officers. However, in 1991, the Supreme Court ruled that certiorari could also be issued against administrative officials affecting the rights of individuals.
Quo Warranto
- In the literal sense, it means 'by what authority or warrant'.
- It is issued by a court to examine the validity of a person's claim to public office.
- It prevents illegal use of public office by a person.
- This writ is issued only to a bona fide public office of a permanent nature created by any law or constitution.
List of features of the Indian Constitution taken from other constitutions
Britain
•Parliamentary government
• The rule of law
•Legislative process
•single citizenship
•cabinet system
•Prerogative writ
•Parliamentary privilege
•Bicameralism
Ireland
• Directive Principles of State Policy
• Method of election of the President
• Nomination of members to Rajya Sabha by the President
United States of america
• Impeachment of the President
• Functions of the President and Vice-President
• Removal of Supreme Court and High Court judges.
• Fundamental Rights
• judicial review
• Independence of the judiciary
• Preamble of the Constitution
Canada
• Centripetal form of federalism where the center is stronger than the states.
• Vesting of residual powers with the centre.
• Appointment of governors in the states by the Centre.
• Advisory jurisdiction of the Supreme Court
Australia
• Concept of concurrent list
• Article 108 i.e. joint meeting of both the houses.
• Freedom of trade and commerce
USSR (now Russia)
• Fundamental Duties
• The ideals of justice (social, economic and political) mentioned in the introduction.
France
• Concept of “Republic”
• Ideals of liberty, equality and fraternity (contained in the Preamble)
Germany
• Suspension of fundamental rights during emergency
South Africa
• Election of members of Rajya Sabha
• Amendment of the Constitution
Japan
• Concept of “procedure established by law”
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