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In Indian constitutional law, a writ is a formal order issued by a higher court to a lower court or authority to perform a specific act or refrain from doing something. The Constitution of India provides for five types of writs under Article 32 and Article 226: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These writs serve as powerful tools for the enforcement of fundamental rights and ensure accountability in governance. They empower individuals to seek judicial intervention against unlawful actions or omissions by public authorities.
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When is a Writ of Mandamus applied?
Writ of Mandamus can be filed, as per our constitution under Article 32 in the Supreme Court, and under Article 226 in the High Courts of the States. All the writs known as the constitutional remedies can be filed under Article 32 and Article 226 of the constitution, if there is any violation of fundamental rights guaranteed under Part-III of the constitution. Writ of Mandamus is one remedial right. Writ of Mandamus literally means "We Command" According to the Writ of Mandamus can filed for the performance of the legal duty for which the person has a legal right. It is used for public purposes and to compel performance of public duties. Mandamus lies not only against executive authorities, but also against judicial and quasi-judicial authorities.
Which branch can supsend the writ of habeas corpus?
The branch that may suspend the writ of habeas corpus is the executive. However, there are several instances where legislative may take up this role.
A writ of habeas corpus may not be suspended except under what conditions?
I quote from the Constitution:"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it."The Patriot Act, however, passed in 2001 provides for mandatory detention of terrorist suspects.
What law abolishes Writ of Habeas Corpus?
i think its the constitution that abolished it.
Suspend the Writ of Habeas Corpus?
According to the U.S. Constitution, the writ of habeas corpus can be suspended when the public safety requires it in cases of rebellion or invasion.
Is a Bill of Attainder the same as Habeas Corpus?
No. The Constitution forbids Bills of Attainder, where the Congress declares a person to be guilty of a crime by passing legislation to that effect. The Constitution preserves the Writ of Habeas Corpus except under very limited and specific circumstances.
How many writ in Indian constitution?
habeas corpus, mandamus, prohibition, quo warranto and certiorari
According to the Constitution what conditions may the writ of habeas corpus be suspended under?
The US Constitution states that the writ of habea corpus may be suspended by Congress only in times of war, invasion, or national emergency. Congress has suspended the writ in the case of prisoners held at Guantanamo as alleged terrorists or illegal combatants. This action is controversial because the US has not been invaded, is not engaged in a declared war, and is not in a state of national emergency.
Wnat are the various types of writ in Indian constitution?
Indian constitution has stipulated 5 kinds of writs....Habeas corpus,certiorari,mandamus,prohibition and quo warranto
According to the Constitution when can a Writ of Habeas Corpus be taken away?
only if public safety is in jeopardy (grad point);)
A writ of habeas corpus may not be suspended expect under what conditions?
invasion
Can a Writ of Execution be dismissed?
Yes, a Writ of Execution can be dismissed under certain circumstances, such as if the underlying judgment has been vacated or if there is a legal reason that invalidates the execution. Additionally, a party may file a motion to contest the writ, presenting evidence or arguments that warrant its dismissal. The court will then review the motion and decide whether to uphold or dismiss the writ based on the merits of the case.
