Quo warranto under indian constitution

Thus the power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen. The Right to Constitutional Remedies, as we know, is a guarantor of all other fundamental rights available to the people of India.

Quo warranto under indian constitution

Writs in Indian Constitution - Definitions and Examples 29 Jul By Admin We might have a thought of how our Fundamental Rights are protected and what are the safe guarding measures granted by our Constitution for the proper enforcement of Fundamental Rights. Here comes the importance of Writs,more precisely Prerogative writs.

Indian Constitution has adopted 5 Prerogative writs. Article 13 clearly states that Laws inconsistent with or in derogation of the fundamental rights are void. The Supreme Court Under Article 32 and the High Courts Under Article are empowered to issue writs for the enforcement of fundamental rights against any authority of the State.

Article 12 has defined "State" to include the Government and Parliament of India, and the Government and Legislature of the States, and all local or other authorities within the territory of India or under the control of the Government of India.

The expression, "other authorities" has been interpreted to cover citizens,business organizations and therefore such organisations also are amenable to the writ jurisdiction of the courts. A proceeding under Article 32 is described as a constitutional remedy and the right to bring such proceedings before the Supreme Court is itself a fundamental right.

Article confers the Supreme Court the powers to issue the below 5 writs. It is the most valuable writ for personal liberty. It is a remedy available to a person who is confined without legal justification.

Through this writ, the court let it know the reasons for detention of the person and if there is no justification, order the authority concerned to set the person free. The writ of hebeas corpus, thus, entails the authority to produce the person before the court.

The applicant of this writ may be the prisoner or any person on his behalf to safeguard his liberty. It seeks immediate relief from unlawful detention whether in prison or private custody. Rajan, a student of the erstwhile Regional Engineering College, was arrested by Kerala police and died due to torturing.

Eachara Warrier filed a Habeas corpus in Kerala High Court in which the police finally confirmed that he died in custody. What is Certiorari writ If any lower court or a tribunal gives its decision but based on wrong jurisdiction, the effected party can move this writ to a higher court like Supreme Court or High Court.

The writ of certiorari issued to subordinate judicial or quasi- judicial body when they act: The writs of prohibition and certiorari are of the same nature, the only difference being that the writ of prohibition is issued at an earlier stage, before the order is made and the writ of certiorari is available on a later stage i.

Quo Warranto writ is issued against the person of public who occupies the public seat without any qualification for the appointment.

Quo warranto under indian constitution

It is issued to restrain the authority or candidate from discharging the functions of public office. For example, a person of 65 years has been appointed to fill a public office whereas the retirement age is 60 years.

Constitutional law - Constitution of India, Indian Judicial process

Now, the appropriate High Court has a right to issue a Writ of quo-warranto against the person and declare the office vacant. The writ of quo-warranto to issue when: What is Writ of Prohibition A writ of prohibition is a writ directing a subordinate to stop doing something that they may not do, according to law, but are doing.

This writ is normally issued by a superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction.

The writ lies in both for access of jurisdiction or absence of jurisdiction. It is generally issued before the trial of the case or during the pendency of the proceeding but before the order is made. What is Writ of Mandamus Mandamus literally means a command. This writ of command is issued by the Supreme Court of High court when any government, court, corporation or any public authority has to do a public duty but fail to do so.

The writ may also be filed to stop the mentioned parties from doing a particular act that may be detrimental to the general public.

It must be noted that a writ of mandamus or command may not be issued against the Indian President or Governor. Related Posts with thumbnails for bloggerblogger widgets.Anything that is issued under an authority is a writ.

Orders, warrants, directions etc. issued under authority are examples of writs. There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari. Questions on Indian Constitution with Answers: Multiple choice questions (MCQs) based on Indian Constitution and Policies are asked in various examinations like RAS, IAS, IES, IRS and SSC conducted by RPSC, UPSC and other state level timberdesignmag.com is collection of top Frequently asked Questions from Indian Constitution and Policies as part of timberdesignmag.com QUIZ TIME.

Expected DSSSB Exam Questions are taken from various previous DSSSB questions papers. These Questions are important GK questions for exams like upcoming DSSB exam, SSC, Banking, teacher entrances, Civil service exams, Bed exams, State SSC exams and UPSC exams etc.

[7] See section (1). In terms of section (2) the Human Rights Commission must when it is of the opinion that any proposed legislation might be contrary to Chapter 3 or to the norms of international law which form part of South African law or to other relevant norms of international law, report that fact to the relevant legislature.

Citing or noting up a specific section or subsection. If the present statute has a "Show Table of Contents" button, you will see that each section and subsection number is displayed with a link offering you convenient citation and noteup tools that are specific to each provision.

History Origins. The writ was a unique development of the Anglo-Saxon monarchy, and consisted of a brief administrative order, authenticated (innovatively) by a seal.

Written in the vernacular, they generally made a land grant, or conveyed instructions to a local court.

About India: The Indian Constitution