Which of the following are correctly matched?

1) Certiorari - to forbid

2) Mandamaus - we command

3) Quo-Warranto - by what authority

a. 2, 3

b. 1, 3

c. 1, 2

d. All of the above

ANSWER: 2, 3

Explanation:

Habeas Corpus - It’s Latin, which 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.

The court then examines the cause and legality of detention.

It would set the detained person free, if the detention is found to be illegal.

Thus, this writ is a bulwark of individual liberty against arbitrary detention.

The writ of habeas corpus can be issued against both public authorities as well as private individuals.

The writ is not issued where the -

1. detention is lawful;

2. the proceeding is for contempt of a legislature or a court;

3. detention is by a competent court; and

4. detention is outside the jurisdiction of the court.

Mandamus -It means ‘we command’.

It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.

It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.

The writ of mandamus cannot be issued -

1. against a private individual or body;

2. to enforce departmental instruction that does not possess statutory force;

3. when the duty is discretionary and not mandatory;

4. to enforce a contractual obligation;

5. against the president of India or the state governors; and

6. against the chief justice of a high court acting in judicial capacity.

Prohibition -It means ‘to forbid’.

It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction.

Mandamus directs activity, but prohibition directs inactivity.

The writ of prohibition can be issued only against judicial and quasi-judicial authorities.

It is not available against administrative authorities, legislative bodies, and private individuals or bodies.

Certiorari - It means ‘to be certified’ or ‘to be informed’.

It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the orderof the latter in a case.

It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.

Prohibition is only preventive, but certiorari is both preventive as well as curative.

Till recently, the writ of certiorari could be issued only against judicial and quasi-judicial authorities.

In 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.

Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.

Quo-Warranto - It means ‘by what authority or warrant’.

It is issued by the court to enquire into the legality of claim of a person to a public office.

It prevents illegal usurpation of public office by a person.

The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.

It cannot be issued in cases of ministerial office or private office.

Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.