What is the meaning of writ of prohibition?
A writ of prohibition is issued by a Court to prohibit the lower courts, tribunals and other quasi-judicial authorities from doing something beyond their authority. It is issued to direct inactivity and thus differs from mandamus which directs activity.
What is the meaning of a writ of Certiorarified mandamus?
A case might be rescinded due to application of certiorari and may end up getting decided by following the due process of law because of a subsequent issuance of mandamus. This kind of writ is known as certiorarified mandamus.
Can mandamus be issued against legislature?
The Supreme Court recently dismissed a lawyer’s plea seeking direction to Parliament to enact a law providing a uniform scheme of compensation for persons who are affected by violence and other tragedies. “No mandamus can be issued to Parliament as a legislating body to enact legislation.
What is the difference between art 32 and 226?
Article 32 is a fundamental right. Article 226 is a constitutional right. Article 32 can be suspended if an emergency has been declared by the President. Article 226 cannot be suspended even at the time of emergency.
What does the writ of quo warranto means?
Quo warranto means: “by what authority”. The writ of quo warranto can be issued against the holder of a public office. The writ calls upon him slowly to the court under what authority he holds the office. If the holder has no authority to hold the office, he can bee ousted from its enjoyment.
When can mandamus not be issued?
Notes: The writ of mandamus cannot be issued (i) against a private individual; (ii) to enforce departmental instruction that does not possess statutory force; (iii) discretionary duty that is not mandatory; (iv) to enforce a contractual obligation; (v) against the President of India; (vi) State governors; and (vii) …
What is prohibition in Supreme Court?
Prohibition is an extraordinary remedy available to compel any tribunal, corporation, board, or person exercising judicial or ministerial functions, to desist from further proceedings in an action or matter when the proceedings in such tribunal, corporation, board or person are without or in excess of jurisdiction or …
WHO issues writ of prohibition?
The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi-judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try.
Can Supreme Court issue writ against High Court?
Judges of the High Court are constitutional functionaries and not government servants. Hence, no writs can be issued to them, according to the Registrar-General of the Madras High Court.
What is the importance of Article 226?
Article 226 of the Constitution empowers the Hon’ble High Courts to exercise power through issuance of writs – habeas corpus, mandamus, quo warranto, prohibition and certiorari or any appropriate writ.