ICSE Class 10 Answered
Explain the following terms:
Habeas Corpus
Mandamus
Writ of Prohibition
Writ of Certiorari
Quo-warranto
Asked by Topperlearning User | 08 Mar, 2016, 03:10: PM
Expert Answer
- The term Habeas Corpus means ‘to have the body’. When the high Court or Supreme Court issues such writ it provides a remedy for the people who are unlawfully held in prison or are in police custody. It can also be issued when a person is detained by a private individual. Thus, this writ can be said as a great safeguard for the personal freedom of a citizen.
- This term in Latin means ‘we order/command’. It is a writ wherein the lower court or an administrative authority is commanded or ordered to perform certain duty. This duty has to be imposed by a Constitution or some law.
- This writ is an order issued by a superior court to ainferior court to prevent them from exercising powers that they are not legally vested with.
- The Writ of Certiorari is issued by a superior court to a judicial authority desiring “to be informed of what is going on.” It is issued after the order has already been passed by the lower court.
- This term means ‘by what order’. It is directed against the person who has wrongfully usurped an office. It prevents unlawful claimant of high public office.
Answered by | 08 Mar, 2016, 05:10: PM