Practicing Success

Target Exam

CUET

Subject

Political Science

Chapter

Rights In The Indian Constitution

Question:

Which writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual?

Options:

Prohibition

Quo Warranto

Habeas corpus

Mandamus

Correct Answer:

Mandamus

Explanation:

The correct answer is Option 4 - Mandamus

WRIT OF MANDAMUS is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.

 

Right to constitutional remedies is the means through which this is to be achieved. Dr. Ambedkar considered the right to constitutional remedies as ‘heart and soul of the constitution’. It is so because this right gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation. The Supreme Court and the High Courts can issue orders and give directives to the government for the enforcement of rights.

The courts can issue various special orders known as writs.

Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.
Mandamus: This writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.
Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction.
Quo Warranto: If the court finds that a person is holding office but is not entitled to hold that office, it issues the writ of quo warranto and restricts that person from acting as an office holder.
Certiorari: Under this writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.