Which among the following writs is issued to quash the order of a Court or Tribunal?
- A.Mandamus
- B.Prohibition
- C.Quo Warranto
- D.Certiorari
Correct answer
Explanation
The correct answer is D, Certiorari. Certiorari, meaning 'to be certified' or 'to be informed', is issued by a higher court to a lower court or tribunal to transfer a case or to quash an order it has already passed.
The Supreme Court issues writs under Article 32 and the High Courts under Article 226. Certiorari is both preventive and curative: it is used when the lower body has acted without jurisdiction, beyond its jurisdiction or against natural justice, and it can be issued after the order is made. Prohibition, by contrast, is only preventive and is issued while proceedings are still pending.
A is wrong: Mandamus, 'we command', orders a public official or body to perform a duty it has failed to do.
B is wrong: Prohibition stops a lower court from continuing a case beyond its jurisdiction; it cannot quash an order already passed.
C is wrong: Quo Warranto, 'by what authority', asks a person to show by what right he holds a public office.
Exam tip: Prohibition prevents (before the order), Certiorari cures (quashes after the order); both lie against judicial and quasi-judicial bodies.
Practice Questions
View allWhich law prescribes that all proceedings in the Supreme Court shall be in English language ?
- A.Article 145 of the Constitution of India
- B.Article 348 of the Constitution of India
- C.The Supreme Court Rules, 1966
- D.An Act passed by the Parliament
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Article 348(1)(a) says that, until Parliament by law provides otherwise, all proceedings in the Supreme Court and in every High Court shall be in the English language.
Read the full explanation →Article 371 A of the Constitution of India provides special privileges to
- A.Nagaland
- B.Mizoram
- C.Sikkim
- D.Manipur
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Article 371A gives Nagaland special protection for Naga religious and social practices, customary law and the ownership of land and its resources.
Read the full explanation →Political analysis involves both normative and empirical approaches. Which of the following statements is/are correct about the two approaches? 1. Knowledge acquired through the empirical approach is value-loaded. 2. Knowledge acquired through the normative approach is objectively neutral. Select the correct answer using the code given below.
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
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Both statements reverse the two approaches: empirical knowledge aims to be value-free, while normative knowledge is value-loaded. The empirical approach studies politics as it is.
Read the full explanation →Which one of the following statements related to below mentioned Committees of the Parliament is correct?
- A.The Rajya Sabha elects more members than the Lok Sabha to the Committee on the Welfare of Scheduled Castes and Scheduled Tribes
- B.The Chairperson of the Committee on Welfare of Other Backward Classes is appointed by the Speaker of the Lok Sabha
- C.Members nominated by the Chairman of the Rajya Sabha are more in number than Members nominated by the Speaker of the Lok Sabha on the Committee on Empowerment of Women
- D.The Rajya Sabha elects more members than the Lok Sabha to the Public Accounts Committee
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The Committee on Welfare of Other Backward Classes is a joint committee whose Chairperson is appointed by the Speaker of the Lok Sabha from among its members.
Read the full explanation →Which one of the following statements is not correct?
- A.The Supreme Court of India is a Court of Record.
- B.High Courts in India are Courts of Record.
- C.Subordinate Courts in India are Courts of Record.
- D.All Courts in India are not Courts of Record.
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Only the Supreme Court and the High Courts are courts of record under the Constitution; subordinate courts are not. Article 129 declares the Supreme Court a court of record, and Article 215 does the same for every High Court.
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