[Solved] Writs MCQ [Free PDF] - Objective Question Answer for Writs Quiz - Download Now! (2024)

1. Mandamus
2. Certiorari
3. Prohibition
4. Habeas Corpus

The correct answer is Mandamus.

Key Points

• Writ Jurisdiction
  • A Writ means a formal written command of the Court that commands constitutional remedies for Indian citizens against the violation of their fundamental rights.
  • Writs are a very essential part of the judicial power of the Courts.
  • The Indian Constitution provides 5 types of writs that can be issued by the courts:
    • Habeas Corpus: This writ is issued by the Courts in those cases where a person is illegally detained. Habeas Corpus means ' to have the body.
    • Mandamus: It means " We Command". It is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty.
    • Certiorari: It means to be certified. This writ can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal, or quasi-judicial authority.
    • Prohibition: This writ means to forbid or to stop and it is popularly known as ' Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it.
    • Quo-Warranto: This writ means " by what warrants?". It is a writ issued with a view to restraining a person from holding a public offense to which he is not entitled.

Additional Information

• UnderArticle 32(2)of the Constitution of India, the Supreme Court shall have the power to issue directions or order, or writs.
• The power to issue Writs is also provided to the High Courts of India under Article 226.

​Important Points

• Supreme Court of India:
  • The Supreme Court of India is the highest judicial court under the Constitution of India.
  • Article 124provides for the establishment and constitution of the Supreme Court.
  • Established as the Supreme court of India on28th January 1950.
  • Headquarters:New Delhi.
  • Also known as the'guardian of our Constitution.
  • The chief justice of India is the head of the Supreme Court of India.
  • U. U Lalitis the current chief justice of India

Get Started for Free

Trusted by 4.1 Crore+ Students

1. Neither 1 nor 2
2. Only 1
3. Only 2
4. Both 1 and 2

The correct answer isBoth 1 and 2.

Key PointsRight to Constitutional Remedies

• ​​Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.
• Dr. Ambedkar called Article 32the most important article of the Constitution—‘an Article without which this constitution would be a nullity. It is thevery soul of the Constitution and the very heart of it’.
• The Supreme Court has ruled that Article 32 is a basic feature of the Constitution.
• Article 32:Remedies for enforcement of rights conferred by this Part​​​

1. ​The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.
2. The Supreme Court shall have the power to issue directions or orders or writs for the enforcement of any of the fundamental rights. The writs issued may includehabeas corpus, mandamus, prohibition, certiorari and quo warranto. Hence statement 1 is correct.
3. Parliament can empower any other court to issue directions, orders, and writs of all kinds. However, this can be done without prejudice to the above powers conferred on the Supreme Court. Any other court here does not include high courts because Article 226 has already conferred these powers on the high courts.Hence, statement 2is correct.
4. The right guaranteed by this article shall not be suspended except as otherwise provided for by this
   Constitution.

Get Started for Free

Trusted by 4.1 Crore+ Students

1. A-3, B-2, C-4, D-1
2. A-3, B-2, C-1, D-4
3. A-2, B-3, C-4, D-1
4. A-2, B-3, C-1, D-4
5. Not Attempted

the correct answer isA-2, B-3, C-4, D-1.

Key Points

• The Supreme Court (Article 32) and the High courts (Article 226) can issue various writs for the enforcement of Fundamental Rights under Part III of the Indian Constitution.
• The Parliament (Article 32) can also empower any other court to issue the writs of habeas corpus, mandamus, prohibition, certiorari, and also the quo-warranto.
• Habeas Corpus
  • A Latin term which literally means ‘to have the body of’.
  • It is an order which is issued by the court to a person who has detained another person to produces the body of the latter before it.
  • The court then examines the cause and the legality of the detention.
  • It is the only writ that can be issued both againstpublic authorities as well as private individuals.
• Mandamus
  • It literally means ‘we command’.
  • It is issued by the court to the public official asking him to perform the official duties that he has failed or refused to perform.
• Prohibition
  • It means ‘to forbid’
  • It is issued by the higher court to the lower court or the tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
• Certiorari
  • It means ‘to be certified’ or sometimes ‘to be informed’.
  • It is issued by a higher court to the lower court or the tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter is the case.
• Quo-Warranto
  • It means ‘by what authority or warrants’.
  • It is issued by the court to inquire into the legality of the claim of the person to the public office.
  • It prevents an illegal usurpation of the public office by the person.

Get Started for Free

Trusted by 4.1 Crore+ Students

1. Article 41
2. Article 49
3. Article 32
4. More than one of the above
5. None of the above

The correct answer isArticle 32.

Key Points

• Article 32of the Constitution of India empowers theSupreme Court to issuewrits.
• Writsare aform of written commandin the name of a court or other legal authority to act, or abstain from acting, in a particular way.
• TheSupreme Court(underArticle 32)and theHigh Courts(underArticle 226)can issue the writs ofHabeas corpus, Mandamus, Prohibition, Certiorari and Quo-warranto.
• BoththeSupreme CourtandHigh courtscan issue writs for enforcement of fundamental rights.
• These writs form an important part of the Right to Constitutional remedy under Article 32.
• InShrimanth Balasaheb Patil Case,the supreme court added Writ Jurisdiction as a part of the Basic Structure of the constitution.
• In judgement, it is mentioned that we may note that writ jurisdiction is one of the valuable rights provided under Article 32 of the Constitution, which in itself forms part of the basic structure of the Constitution.

Additional Information

Get Started for Free

Trusted by 4.1 Crore+ Students

1. Supreme Court
2. High Court
3. President
4. Parliament
5. Not Attempted

The correct answer isSupreme Court.

Key Points

• Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights.
• Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court of India and High Court against the violation of his/her fundamental rights.
• The five types of writs are:
  • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo-Warranto
• The writ jurisdictions of Supreme Court differs from that of a high court in three aspects.
  • The Supreme Court can issue writs only for the enforcements of fundamental rights wheras a high court can issue writs not only for the enforcement of fundamental rights but also for the enforcement of legal right. In this aspect the writ jurisdiction of Supreme Court is narrower than the Hogh court.
  • The Supreme court can issue writs agains a person or government throughout the territory of India whereas a high court can issue writs against a person residing or against a government or authority located within its territorial jurisdiction. Thus the territorial jurisdtion of Supreme Court for this purpose is wider than the the High Court.Hence Option 1 is correct.
  • A remedy under the Article 32 is itself a fundamental right and hence, the Supreme Court may not refuse to exercise the writ jurisdiction.​

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 6

1. 1 only
2. 1 and 2 only
3. 1 and 3 only
4. 1, 2 and 3

Writs Question 6 Detailed Solution

The correct answer is1 only.

• Writs arewritten orders from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights.
• Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court against the violation of his/her fundamental rights.

Important Points

Habeas Corpus:

• It is a Latin term 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 a detention. The writ of habeas corpus can be issued against both public authorities as well as private individuals.

Prohibition:

• Prohibition Literally, 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 that it does not possess.
• Thus, unlike the mandamus that directs activity, the 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.

Quo-Warranto:

• In the literal sense, it means ‘by what authority or warrants’.
• It is issued by the court to inquire into the legality of a claim of a person to a public office.
• Hence, 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.
• This can be sought by any interested person and not necessarily by the aggrieved person.

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 7

1. Supreme Court
2. High Courts
3. District and Session Court
4. Both (A) and (B)

Writs Question 7 Detailed Solution

The Correct Answer isBoth (A) and (B).

Key Points

• In the Indian constitution, boththe Supreme Court and the High Court have the authority to grant a writ of 'Habeas Corpus.'
  • Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
  • Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose.

Additional Information

• The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’
• This writ is used to enforce the fundamental right of individual liberty against unlawful detention.
• Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.
• A writ of habeas corpus is a writthat allows an accused person to be brought before a judge or in court.
• The habeas corpus principle guarantees that an inmate may be released from unlawfulcustody, i.e. custody without adequate cause or proof.
• The cure may be obtained by the inmate or any person who comes to the assistance of the prisoner.
• This right emerged in the legal system in English and is now available in several nations.
• Historically it has been an important legislative tool protecting individual rights from arbitrary state intervention.

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 8

1. Habeas Corpus
2. Mandamus
3. Certiorari
4. Quo Warranto

Writs Question 8 Detailed Solution

The correct answer is Mandamus.

Key Points

• 'Mandamus' means - We Command.
• It is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty if it is not discharging its duty.
• There are five writs that can be issued by the Supreme Court of India and the High Court of India - Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
• Supreme Court has the power to issue writs under Article 32.
• High Courts have the power to issue writs under Article 226.

Additional Information

• Habeas Corpus
  • ALatinterm which literally means ‘to have the body of’.
  • It is an order which isissued by the court to a person who has detained another person to produce the body of the latter before it.
  • The court thenexaminesthecauseand thelegalityof thedetention.
  • It is theonly writ that can be issued both againstpublic authorities as well as private individuals.
• Prohibition
  • It means ‘to forbid’
  • It isissued by the higher court to the lower court or the tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
• Certiorari
  • It means ‘to be certified’ or sometimes ‘to be informed’.
  • It isissued by a higher court to the lower court or the tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter is the case.
• Quo-Warranto
  • It means‘by what authority or warrants’.
  • It isissued by the court to inquire into the legality of the claim of the person to the public office.
  • Itprevents an illegal usurpation of the public office by the person.

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 9

1. A-3, B-2, C-4, D-1
2. A-3, B-2, C-1, D-4
3. A-2, B-3, C-4, D-1
4. A-2, B-3, C-1, D-4

Writs Question 9 Detailed Solution

the correct answer isA-2, B-3, C-4, D-1.

Key Points

• The Supreme Court (Article 32) and the High courts (Article 226) can issue various writs for the enforcement of Fundamental Rights under Part III of the Indian Constitution.
• The Parliament (Article 32) can also empower any other court to issue the writs of habeas corpus, mandamus, prohibition, certiorari, and also the quo-warranto.
• Habeas Corpus
  • A Latin term which literally means ‘to have the body of’.
  • It is an order which is issued by the court to a person who has detained another person to produces the body of the latter before it.
  • The court then examines the cause and the legality of the detention.
  • It is the only writ that can be issued both againstpublic authorities as well as private individuals.
• Mandamus
  • It literally means ‘we command’.
  • It is issued by the court to the public official asking him to perform the official duties that he has failed or refused to perform.
• Prohibition
  • It means ‘to forbid’
  • It is issued by the higher court to the lower court or the tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
• Certiorari
  • It means ‘to be certified’ or sometimes ‘to be informed’.
  • It is issued by a higher court to the lower court or the tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter is the case.
• Quo-Warranto
  • It means ‘by what authority or warrants’.
  • It is issued by the court to inquire into the legality of the claim of the person to the public office.
  • It prevents an illegal usurpation of the public office by the person.

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 10

1. the Supreme Court only
2. the High Courts only
3. the Supreme Court and High Courts only
4. the Supreme Court, High Courts and Lower Courts

Writs Question 10 Detailed Solution

The correct answer isthe Supreme Court and High Courts only.

• Writ means written command in the name of the court.

Key Points

• It is a legal document that is issued by a Court that orders a person or entity to perform a particular act or to stop performing a specific deed.
• Article 32 of the Indian Constitution makes the law of issuing the writs by the supreme court and Article 226 gives the law of issuing the writs by the high court.
• In India, only 'prerogative writs' are issued which are issued under different circ*mstances.
• 'Prerogative writs' are of five kinds: writ of certiorari, writ of quo warranto, writ of habeas corpus, writ of prohibition, and writ of mandamus.

Additional Information

Jurisdiction and powers of the Supreme Court -

• Original jurisdiction -Under theOriginal jurisdiction, the Supreme court can decide the dispute between -
  • Any dispute between the Centreand one or more States.
  • Any dispute between the Centre and one or more States on one side and one or more States on the other side.
  • Any dispute between two or more States.
• Writ jurisdiction -
  • Article 32(2) of the Constitutionof India provides:'' The Supreme Court shall have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of rights conferred by this Part.
  • Underarticle 226,an individual can move to the High Court for enforcement of the fundamental rights as well as for any other purpose also i.e. for enforcement of any other legal right.
  • It means that thewrit jurisdiction of the High Court is wider than that of The Supreme Court.
    • ​Hence statement 3 is correct.
• Appellate Jurisdiction -It can be classified intofour heads :
  • Appeals in constitutional matters
  • Appeals incivil matters
  • Appeals incriminal matters
  • Appeals in the special leave
• Advisory jurisdiction -Article 143 of the Indian constitutionauthorizes thepresident to seek the opinion of the Supreme court in the two categories of matters :
  • On any question oflaw or fact of public importancewhich has arisen or which is likely to arise. (In this case, the Supreme court may refuse to tender its opinion to the president).
    • Hence statement 2 is incorrect.
  • On any dispute arising out of anypre-constitution treaty, agreement, covenant, engagement, sanad,or similar instruments. (In this case, the Supreme court musttender its opinion to the president)
• A court of record -
  • In 1991 Supreme court has ruled that it has thepower to punishfor the contemptnot only of itself but also of high courts, subordinate courts, and tribunals functioning in the entire country.

Important Points

• The institution of high court originated in India in 1862 when the high courts were set up at Calcutta, Bombay, and Madras.
• Articles 214 to 231 in Part VIof the Constitution deal with the organization, independence, jurisdiction, powers, procedures, and so on of the high courts.
• Constitution does not specify the strength of a high court and leaves it to the discretion of the president.
• The chief justice of the High Court is appointed by the President after consultation with the chief justice of India and the governor of the state concerned.
• He holds office until he attains the age of 62 years.

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 11

1. Produce a person before a court
2. Imprison a person
3. Order some authority to perform duty
4. None of the above

Writs Question 11 Detailed Solution

​The correct answer isProduce a person before a court.

• The writ of habeas corpus is issued to produce a person before a court.

Additional InformationHabeas Corpus

• It is one of the important writs for personal liberty which says “You have the Body”.
• The main purpose of this writ is to seek relief from the unlawful detention of an individual.
• It is for the protection of the individual from being harmed by the administrative system and it is for safeguarding the freedom of the individual against arbitrary state action which violates fundamental rights underArticles 19, 21 & 22 of the Constitution.
• This writ provides immediate relief in case of unlawful detention.

​Quo Warranto

• The writ of Quo Warranto implies thereby “By what authority or warrant”.
• This writ is invoked in cases of public offices and it is issued to restrain persons from acting in public office to which he/she is not entitled.
• Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person.
• Through this writ, the court enquires into the legality of a claim of a person to a public office.
• Quo warrantois used to test a person's legal right to hold any office, not to evaluate the person's performance in the office.

Mandamus

• Mandamus literally means"We command".
• This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work.
• Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose.

Prohibition

• Prohibition literally means"To forbid".
• This writ is issued by ahigher court against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
• The writ ofProhibition can be issued only against judicial or quasi-judicial authorities.

Certiorari

• Certiorari literally means "To be certified’ or ‘To be informed".
• This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.
• It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law.
• It not only prevents but also cures mistakes in the judiciary.

Important Points

• Article 32 -Right to Constitutional Remedies andPowers of Supremecourtto issue writs.
• Article 226 - Powers of High courtto issue writs.
• Article124 - Establishment and constitution of Supreme Court.
• Article 131 - Original Jurisdiction.
• Article 132- Appellate Jurisdiction.
• Article 137 - Power of Judicial Review.
• Article143 - Power of President to consult Supreme Court (AdvisoryJurisdiction).
• Father of Indian Constitution - Dr. B. R. Ambedkar.

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 12

1. Prohibition
2. Quo-Warranto
3. Mandamus
4. Certiorari

Writs Question 12 Detailed Solution

The correct answer is option 2, i.e. Quo-Warranto.

• Quo-Warranto literally means ‘by what warrant’.
  • It is issued by the court to enquire into the legality of claim of a person to a public office.

• Prohibition literally means ‘to forbid’.
  • It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction.
• Mandamus literally 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.
• Certiorari literally means ‘to be certified’.
  • It is issued by a higher court to a lower court or a tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 13

1. Mandamus
2. Certiorari
3. Habeas Corpus
4. Quo Warranto

Writs Question 13 Detailed Solution

The correct answer isCertiorari.

Key Points

• The writ of certiorari is issued by the higher court to a lower court.
• The writ of certiorari is issuedto examine the functioning of the subordinate Court.
• Article 226 empowers High Courts to issue writs.
• Article 32 empowers Supreme Court to issue writs.

• Article 32 of the Indian Constitution hasbeen described as the ‘heart and soul’ of the Indian ConstitutionbyDr.B.R. Ambedkar.
• It gives a citizen theright to approach the Supreme Courtto getresorted any of the fundamentalrights in case of theirviolation.
• It is also known as;Right to ConstitutionalRemedies.

Additional Information

• Habeas Corpus:Thiswrit is issued to produce a person who has been detained whether in prison or in private custody, before a court and to release him if such detention is found illegal.
• Mandamus: Thewrit of command is issued by the supreme or high court when any government, court, corporation or any public authority has to do a public duty but fails to do so.
• Prohibition: It is a writ issued with a view to restraining a person from holding a public office to which he is not entitled.
• Certiorari:Thewrit of certiorari can be issued by the supreme or high court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority.
• Quo-Warranto:The writ of quo-warrantocan be issued by the supreme or high court for asking of by what authority or warrant. It is issued by the court to enquire into the legality of a claim of a person to a public office.

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 14

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Quo Warranto

Writs Question 14 Detailed Solution

The correct answer isMandamus.

‘Mandamus’ is a judicial remedy in the form of an order from a superior courtto any public authority, to do some specific act which that body is obliged under law to do.

Get Started for Free

Trusted by 4.1 Crore+ Students

Writs Question 15

1. Article 40
2. Article 32
3. Article 38
4. Article 36

Writs Question 15 Detailed Solution

The correct answer is Article 32.

Key Points

• Under Article 32, the Constitution of India provides constitutional remedies for the enforcement of fundamental rights.
• Remedies for enforcement of rights conferred by this Part:
  • The right to move the Supreme Court by relevant proceedings for the enforcement of the rights conferred by this Part is guaranteed.
  • The Supreme Court shall have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
  • The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Additional Information

Get Started for Free

Trusted by 4.1 Crore+ Students