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Question

Which of the following are matched incorrectly ?
i. Habeas Corpus – ‘To produce the body’
ii. Quo warranto – ‘Issued to a lower court to stop proceedings in a case’.
iii. Prohibition – ‘Issued to a lower court quashing a decision or order’
iv. Mandamus – ‘Commands a person to perform a public duty’.

The correct answer is
ii and iii

The question asks to identify the incorrectly matched descriptions of writs.

Analyzing Writ Matched Descriptions

Let's analyze each writ description:

  • i. Habeas Corpus: The description ‘To produce the body’ is the correct literal meaning and purpose of the writ of Habeas Corpus, which is issued to prevent illegal detention. This match is correct.
  • ii. Quo warranto: This writ means ‘By what authority’. It is issued to inquire into the legality of a person's claim to a public office. The description provided, ‘Issued to a lower court to stop proceedings in a case’, is incorrect. This description pertains more to the writ of Prohibition. Therefore, this match is incorrect.
  • iii. Prohibition: This writ means ‘To forbid’. It is issued by a superior court to a lower court or tribunal directing it to stop proceedings that are outside its jurisdiction. The description provided, ‘Issued to a lower court quashing a decision or order’, is the definition of the writ of Certiorari, not Prohibition. Therefore, this match is incorrect.
  • iv. Mandamus: This writ means ‘We command’. It is a command issued by a superior court to a lower court, tribunal, or public official to perform a public duty that they have failed or refused to perform. The description provided, ‘Commands a person to perform a public duty’, is correct. This match is correct.

Identifying Incorrect Matches

Based on the analysis, the incorrectly matched descriptions are:

  • ii. Quo warranto
  • iii. Prohibition

Therefore, the combination of incorrectly matched writs is 'ii and iii'.

Selecting the Correct Option

Option B lists 'ii and iii' as the incorrectly matched items.

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Important Questions from Constitution Law

  1. Which criteria are used in legislations for treating juveniles differently from young adults?
    (a) Physical development
    (b) Economic development
    (c) Intellectual development
    (d) Socio emotional development
    Select the most suitable option :
  2. Read Assertion (A) and Reason(R) and answer using the codes given below :
    Assertion (A) : The writ of Habeas Corpus can be granted to enable the detainee to argue his case in person.
    Reason (R) : Because R Vs. Secretary of State for Home Department ex parte Wynne (1992) decided so.

    Codes :
  3. Read Assertion (A) and Reason (R) to answer using codes given below :
    Assertion (A) : One of the two Acts enacted under List I Entry 66 and the other under List III Entry 25 can be repugnant to each other.
    Reason (R) : Because in Annamalai University Vs. Secretary of Inf. and Tourism Department decided so.

    Codes :
  4. Read Assertion (A) and Reason (R) and answer using the codes given below :
    Assertion (A) : The power under 368 of the Constitution is a constituent power subject to the constitutional scheme as to distribution of legislative power according to entries in the Seventh Schedule.
    Reason (R) : Because Sasanka Sekhar Maity Vs. Union of India decided so.

    Codes :
  5. It was remarked in ‘Golaknath Vs. State of Punjab’ that our ‘Preamble to the Constitution contains in a nutshell its ideals and aspirations’ by one of the judges ?
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