With reference to the writ jurisdictions of the Supreme Court and High Courts in India, consider the following statements:
1. While Mandamus is an active command directing a public authority to perform a duty, Prohibition is a negative command preventing a lower tribunal from exceeding its jurisdiction.
2. Prohibition is strictly preventive in nature, whereas Certiorari acts as both a preventive and curative remedy.
3. The writ jurisdiction of a High Court is wider than that of the Supreme Court of India because the High Court can issue writs for both fundamental and ordinary legal rights.

Which of the statements given above are correct?

Question

With reference to the writ jurisdictions of the Supreme Court and High Courts in India, consider the following statements:
1. While Mandamus is an active command directing a public authority to perform a duty, Prohibition is a negative command preventing a lower tribunal from exceeding its jurisdiction.
2. Prohibition is strictly preventive in nature, whereas Certiorari acts as both a preventive and curative remedy.
3. The writ jurisdiction of a High Court is wider than that of the Supreme Court of India because the High Court can issue writs for both fundamental and ordinary legal rights.

Which of the statements given above are correct?

Accepted Answer

All statements are correct. Statement 1 is correct: Mandamus is a positive command ('we command') to perform a public duty, while Prohibition is a negative command directing an inferior court to cease proceedings. Statement 2 is correct: Prohibition is issued preventive-style before a decision is finalized, whereas Certiorari is issued both to prevent and cure (quash an ultra vires order already made). Statement 3 is correct: The Supreme Court can issue writs under Article 32 only for enforcing Fundamental Rights, whereas High Courts under Article 226 can issue writs for the enforcement of Fundamental Rights as well as for 'any other purpose' (ordinary legal rights).

Answer

Answer