Indian Polity • ConstitutionHard
Consider the following statements regarding the writ jurisdiction under the Indian Constitution: 1. The writ of Certiorari is issued by a higher court to a lower court or tribunal to prevent excess of jurisdiction. 2. The writ of Quo-Warranto can be sought by any interested person to inquire into the legality of a claim to a public office. Which of the statements given above is/are correct?
A. 1 only
B. 2 only✓ Correct Answer
C. Both 1 and 2
D. Neither 1 nor 2
💡 Solution & Explanation
Statement 1 is incorrect because Certiorari is issued by a higher court to a lower court or tribunal to transfer a case pending with them or to squash their order in a case, whereas Prohibition is issued to prevent them from exceeding their jurisdiction. Statement 2 is correct as Quo-Warranto legality protects against illegal usurpation of a public office and can be sought by any interested person, not necessarily the aggrieved individual. The extraordinary constitutional jurisdiction for writs is shared concurrently by the Supreme Court and High Courts.
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