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Question

A command by a court asking a public authority to perform its public duty is called the writ of ___________________.
  1. Habeas corpus.
  2. Quo warranto.
  3. Prohibition.
  4. Mandamus.

A
Mandamus.
B
Quo warranto.
C
Prohibition.
D
Habeas corpus.
Solution
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The Constitution of India under Articles 32 and 226 empower the Supreme Court and the High Courts respectively to issue 5 kinds of prerogative writs for upholding fundamental rights guaranteed to persons under Part III of the Constitution. Writ of mandamus is one of such writs. The term 'mandamus' has been derived from the Latin word meaning 'we command'. In common law jurisdictions the superior court issues this writ to lower courts or a government official to order them to perform a mandatory duty in the correct manner. It was issued for the first time in 1615 in England against a mayor to restore a person removed illegally from office, to his position. The writ was introduced in India through the Letters Patent creating the Supreme Court in Calcutta in 1773 and has gained immense importance with time.

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Similar Questions
Q1
A command by a court asking a public authority to perform its public duty is called the writ of ___________________.
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Q2

Which of the following is/are wrongly matched?

1. Habeas corpus – literally means ‘to have a body’

2. Mandamus – command a public authority to perform his public duty

3. Quo Warranto – issued to a lower court to stop proceeding in a case

4. Prohibition – issued to a lower court quashing a decision or order

Select the correct answer from the codes given below:


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Q3
Mandamus is a command issued by the court to a public official asking him to perform his official duties that _________.
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Q4
Match the writs with their correct meanings.
1. Habeas Corpus A. To command
2. Mandamus B. By what warrant
3. Certiorari C. You may have the body
4. Quo Warranto D. To inform

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Q5
Your friend from Kenya has asked you to explain the following terms and their implication in the working of the courts in your county. Write notes to him about these terms:
(a) Habeas Corpus;
(b) Mandamus;
(c) Prohibition;
(d) Certiorari;
(e) Quo-Warranto.
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