Question

Q. Consider the following pairs:

Writs	Meaning
1. Habeas Corpus	To have the body of
2. Certiorari	To command
3. Mandamus	To be certified

Which of the pair/s given above is/are correct?

• A. 1 only
• B. 1 and 2 only
• C. 2 and 3 only
• D. All of the above

Answer 1

The correct option is A 1 only

Explanation:

• Pair 1 is correctly matched. The meaning of the Latin word habeas corpus is to have the body of. This writ is the bulwark to ensure individual liberty against unlawful detention. Through Habeas Corpus, the Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court. The writ of habeas corpus can be issued against both public authorities as well as private individuals.
• Pair 2 is incorrectly matched. The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents but also cures the mistakes in the judiciary.
• Pair 3 is incorrectly matched. The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose.