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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
answered-by-expert Expert Answer
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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
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