Consider the following statements:

1. The Writ of Mandamus is issued by the Supreme Court or High Court when any public authority has to do a public duty, but fails to do so.
2. The Writ of Prohibition is issued by the Supreme Court or High Court for quashing the order already passed by an inferior Court, Tribunal or Quasi Judicial Authority.

Which of the statements given above is/are correct?

Question

Consider the following statements:

1. The Writ of Mandamus is issued by the Supreme Court or High Court when any public authority has to do a public duty, but fails to do so.

2. The Writ of Prohibition is issued by the Supreme Court or High Court for quashing the order already passed by an inferior Court, Tribunal or Quasi Judicial Authority.

Which of the statements given above is/are correct?

Quintessence Classes · Accepted Answer

The correct answer is l only. Detailed Explanation of the Statements:Statement 1 is CORRECT: The writ of Mandamus (which literally means "We Command") is a judicial remedy issued by a higher court (Supreme Court under Article 32 or High Courts under Article 226) to a lower court, public official, or public authority. It orders them to perform a mandatory public duty that they have failed or refused to perform.Statement 2 is INCORRECT: The statement actually describes the writ of Certiorari, not Prohibition.Prohibition is a preventive writ issued to a lower court to stop it from proceeding further in a case where it has exceeded its jurisdiction. It is issued before the final order is passed (to prevent an error).Certiorari is a curative writ issued to quash (annul) an order that has already been passed by an inferior court or tribunal in excess of its jurisdiction.

Answer

2only

Answer

Both l and 2

Answer

Neither 1 nor2

Answer & Explanation

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JKPSC JKAS 2018 Prelims

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