complaints.

Q. 17/ Explain Central Vigilance Commission.

OR
Discuss the role of Central Vigilance Commission.
Ans. Corruption is burning problem of today. Corruption in
administration is even moye serious. Today, publíc is suffering from the
corruption in administration. It is this reason that Central Government
created Central Vigilance
Commission' to remove corruption. On
Santhanam Committee's Report, this commission was eastablished in
Feb., 1964
Santhanam Committee proposed mainly following objects of.
Central Vigilance Commission
) Prevention of corruption and maintenance of
amongst Government Servants. integrity
Administrative Law
)
59
Ensuring just and fair excercise of administrative powes
vested in various authorities.
Thus, there has been two objects behind the formation of Céntral
Vigilance Commission-Solutiontothe corruption in Administrationand
establish clean and transparent administration.
Organisation of Commission-Theiris onehead ofthe Central
Vigilance Commission who is called 'Central Vigilance Commissioner
Commissioner is appointed by the president. Commissioner is appointed
for3years for the first time.AtwO years periodcould be increased later
after
Commissioner cannot hold any post in Government and politics
retirement.
Service conditions of Vigilance Commissioner has been protected
Service Commission
in the same way as for the members of Union Public
under the provisions of Article 317. Under Article 317(3), chairperson or
member can be removed from the post in following ways
) When he is declared insolvent,or
(li) When he obtains a post. of profit,
or

his duties in the opinion

i) When he is incompetent to perform
of President owing to mental and physical disability.
3 Um.N.P.
Asha Kaul Ys. State of Jammu& Kashmir [(1994)
considered disability.
HS] Corruption and Biasness was also
Central Vigilance Commissioner on the
President can remove
ground of misconduct but after the advise of
Supreme Court for inquiry
and proceedings.
Jurisdiction and Scope-Main function of Vigilance
Commissioner is to inquire and hear matters related to corruption,
misconduct, dishonesty, bad behaviour and tort. It is just an advisory
board, so that it cannot punish any public, servant.
for inquiries of complaint
Commission has limited instrument
that means that it has no machinery for investigation and
inquiry of
complaints of corruption.
following public
Jurisdiction of Vigilance Commissionincludes
servants or employees
different departments and ministeries of
() Employees of
Government of lndia,
 60

(ii) Employees of areas State, and

of Union Babe) Ad

Ct) Employees of Public'Corporation, Statutory Bodia

dies, etc.
In terms of practical approach, vigilance commission h the
has
confined itself to those matters only which are related to gazete
officers and few classes of officérs of Public undertakings receiving
salary of Rs. 1,000/- or more. Exp
Commission keeps supervision and general Control Over act
against corruption of different ministeries, department and Public exec

Corporation. It also advises home ministry for necessity of departmental Judi

func
disciplinar: action against public servant where charges of corruption
and misconduct have been proved: whi
Commissions sends its annual report to Home Ministry. Home pert
Ministry presents this report before Parliament. adju
Evalution-Although Commission was established for good of s
objectives but it is not proving to be effective. It is weaker than
Ombudsman. There are various reason, like 18
Commission being oniy a advisory 52C
board. Tri
(1i). Commission not. having the
action against accused
right to initiate disciplinary 13
public servant. w
(1) Commission not
having sufficient machinery to inquire
complaints. he
(v) Depending upon various public agencies for inquiry and
investigation etc.
Overall the success and
upon political will, importance of commission depends in-
social awareness and
Q. 18. State the
administrative morality. a

Administrotiu constitution and powers of thhe

 Q. 21. Explain the writ of 'Habeas Corpus' with the help of
suitable examples.
Ans. Habeas corpus writ is the most important and prevailing
writ. Its main object is to provide release of person who is unlawfully
confined. Its worldly meaning is bring the confined person before the
court (P.S. Sadashiv Swamy V/s. State of TamilNadu, Ä.IR. 1974
S.C. 2271)
According to Halsbury, "Habeas Corpus writ is such procedure
of privilegèby which order isissued to immediately free a person fro
un lawfull or unfair arrest so as to maintain the freedom of that person
(Laws of England).
Thus this writ provides remedy to person who h heen unlawtl
ed
detained or confined. When a person is unlawfully confined or restraine
then such person's freedom is determined by this writ. Ranjit Ys*
Pepsu (A.I.R. 1959 S.C. 843) Supreme Court stated that-This writis
the most important because it accepts the right of freedom of a perso!
Court by way of this writ
() Causes of detention are asked from detentioner.
(1) Order to present detained person before courts,
Administrative Law
77
) Order to release a person who is
unlawfully.detained:
Whether it is to necessary produce the detained
the court?
person
beforee

Many times this question has arisen that whether it is necessary

to bring the person detained before the court ? Ancient perception was
that it was necessary to produce the person before the
court. But, now,
inthe case of Kanu Sanyal V/s. District Magistrate (A.I.R. 1974 S.C.
510) Supreme Court decided that it is not necessary to produce the
detainedpersonto the Court for the purpose of issuing writ of Habeas
Corpus. In the absence of that person, this writ can be issued.
There are basically two reason for
the concept that the detained
is
person not required to be produced in court-the purpose of
this writ is to know the reasons of issuing
detention and on unlawful detention,
release that
person which can be done in the absence of the
person also.
Who Can Apply?
Generally the question also arises that who can apply for the
issue of Habeas Corpus writ. Generally, for any type of writ only the
victim or effected person can apply.
But now, Sunil Batra V/s. Delhi Administration (A.IR. 1980
S.C. 1579), Supreme Court decided that under certain
friend, circumstances,
relative, family member of detained person can apply for
of writ
habeas corpus. It is correct also, because the detained the issue
unable to apply owing to lack of communication and person is
Order of Inquiry facility.
Neelima Priyadarshani V/s. State of Bihar (A.I.R. 1987 S.C.
2021)-A question arose before
order for Supreme Court whether the court can
inquiry reasons of detention of detained
of
matter, application for writ was sent person. In this
post to the court. by detained person through registered
Writ. ordered to
Supreme Court while considering it to be
the detentioner to competent
Additional Chief Judicial produce the detained person before
the matter
and submit a
Magistrate and ordered the Magistrate to inquire
report of inquiry.
Supreme Court also said that it is the
the
freedom of detained Neelima duty
of court to detemine
Sunil Batra V/s. Delhi
Priyadarshani.
Administration (A.I.R. 1980 S.C. '
 78 to the
extent that is merelynot
at it is
merel

the be
o
Court said person
1579)-Supreme

to have release of detained out also to

writ
Habeas Corpus behaviour
of inhuman and cruel
him from
protect
Meaning of Detention
know the meaning of word Detentio
It is necessary to in
Habeas Corpus writ.

Detention not only refer physical

to the continement, mere
contrni
for this, like what was decided in Cox Vas
and custody is sufficient
Hanks [(1819)15 S.C. 506]
But, in A.K. Gopalan V/s. State of Chennai (A.I.R. 1950 S.c.
27)-Supreme Court considered such detention as lawfull, whichare
according to the procedure established by law and does not encroaches
upon the provision of Article 22 of the constitution.
In the of Amit-Vs Nirmal Sahu' (A.I.R. 2008 Allahbad
case
105), a question of custody of a nascent child was involved. The child
was in. the custody of father. The mother left the husband after one
month of the birth of child. The
the husband
mother filed habeas corpus writ against
stating that he had detained the child illegaly. Allhabad High
Court whilst
of the child.
denying this plea stated that the father is also natural guardian
His custody cannot be said
writ cannot be against the law. Habeas corpus
issued in such cases.
A
person undergoing the
De
considered a ground for the punishment of Imprisonment, cannot
Is defective (Janardban Reddy habeas corpus writ that his convie
S.C. 217) V/s. State of
Hyderabad, A.I.R. 19
Application in Supreme Court
is important here that if any application
Corpus has been dismissed the for writ
Habeas of
by
Court High
then the same
Opresented before the same High Court again. In such
can be presented under
writ cannot
Vis. Union of 32 before the Supreme Cour situation,
a writ

S. India, A.I.R. 1967, S.C. 1335 and P.L. (Ghulam

Sarvar
Union of India,
A.LR. 1967, S.C. 908). V Lakhanpal
Burden of Proof
It is
essential for the issue of Habeas Corpus writ thata
should be invalid that det
and in bad faith, decided
in the case
as
of A.k.c etention
lan
 Administrative Law 79

V/s. State of Chennai (A.I.R. 1950 S.c. 27) The burden of proof is to
petitioner to prove such bad faith and intention [Prabhu Narayan Singu
V/s. Central Jail, 1.L.R. (1962) Allahabad 421.
Superintenden
Here it is also important that the order ofthe High Court dismissing
the petition at the primary stage should be clear and with reason so tna
it does not look arbitrary. (M/s Hindustan Times Ltd. V/s. Union o

India, A.I.R. 1998, S.c. 688)

writ
Q. 22. Discuss the meaning and scope of the
Mandamus. Who can apply for Mandamus ?
"The
Ans. It is an important writ prevailing in every day life.
mandamus' word means We Order'. This writ is issued when ay
person does not perform his duties.
The duty of every person is that he should perform his legal
does
duties so rights of other persons may be secured. If any personeffects
that
encroaches then it
not performs his legal duties or violates or
situation court by way of
adversely the legal rights of other. In this
mandamus writ orders such person to perform his legal duties. Such

and negative that means the order can be in the

order can be positive
form that
) Lawfull act must be performed, or
act should not be performed.
ii)Unlawfull
Such orders may be given to person holding public post, public
officer, corportion, etc.
"When any person, public officer,
A.T. Marcos states that,
its legal duties or violates
Government or Corporation does nof perform
order such person, public officer, Corporation
orencroaches then court can that particular legal duty or not to
or6overnmentthat it should perform Over
(Judicial Control
perform such work. This is Mandamuswrit."
Adtntstrative Action in India.)
Essential Conditions
required to be fulfilled for Mandamus
Certain conditions are
Writ, These conditions are following
be present
)Legal Rights off petitioner should
It is necessary that legal rights of petitioner should have be
Cncroached. In other words, Mandamus writ requires
 Babel

80

(a) legal rights of petitioners, gnforceabls.bx.courts

party
to
(6) such legal rights should be opposition

(C)protection of this right

requires the
S.C.C.
performm or not to perform
any duy- [(1971)1

of
Haryana
Mandamus
Jain V/s. State
forM
Mani Shobraj essential

down three points

4861-Supreme Court laid
writ should be present,
(a) legal right of petitioner by courts,
enforceable
be perform
(6) such right should
to
person
opposition or any
requiring
(C) such rights
perform their duties. Central
or not to, Minerals Versus
'Messers Mission
In the case of
Andhra Pradesh), it has been
2008 N.o.C. 1207 required to be
Bank of India' (A.I.R. A scheme
High Court that
decided by the Andhra Pradesh be of
such scheme is necessary to
made applicable through
mandamus,
Scheme issued by the Reserve
of OTS
statutory nature. The guilelines cannot be
nature, so the mandamus
Bank of India are not of statutary

issued.
(2) Legal duty of Opposition
of legal
Second condition for Mandamus writ is the presence
to perform or not to
duty of opposition that is opposition is bound
moral
perform any legal liability. It shows that writ cannot be issued for
liabilities
Also, writ cannot be issued for such acts which depend upon
the wish of any personor his discretion like-
G) A institution head cannot be forced to keep a book in
course (Manjula
Manjri V/s. Director of PublicC
Instruction,
A.I.R. 1952 Orissa 344);
i) It can not be issued to increase in dearness allowance ar
a specific rate (State of M.P. V/S. G.C. Mandawar, A.L.R.
1954 S.C. 493).
(i) It cannot be issued for the
which have no
implementation regional orde
legal force (Fernandis Vls. State
Mysore, A.I.R. 1967 S.C. 1753).
 Administrative Law 81
lic
Also, the duty should be of public nature. Duty 1s OP
nature when it originated from.comion, subsntive law Or
law. (State of Mumbal V/s. Hospltal Mazdoor Sabha, A.LR 1960
S.C. 610).
In the case of "Divine Grace Apartments Owners Welfare
Association Versus Mus. Annis Fatima Begum" (A.IR. 2008 Kolcatta
139) it has been stated by the Kolkatta High Court that the mandamus
writ can be issued for enforcement of some constitutional or statutory
or legal or equality rights. A mandamus writ giving direction can be
issued to police administration for performing its statutory duties but the
police administration cannot be bound for protection for opening a lock
of the door of a house, particularly when there is another door to reach
inside the house.
3) Violation of the legal duties by the Opposition and
infringment of legal rights of petitioner.
It is essential for Mandamus writ that
Opposition violates its legal dutis, and
) Such violation is resulted in infringement ofthe legal rights
of petitioner.
gThus,it is clear that it is not enough to have legal rights and
duties for the issue of Mandamus writ, but these right must be infringed
and these duties must be breached.
(4) No other Alternative Remedy
Mandamus writ is issued only when no otheraltermative remedy
is available. (State of U.P. V/s. Mohammad Noor, A.I.R. 1958S.C. 86).
In case of availability of alternative remedy,no application canbe made
for this writ.
Scope
andamus writ is issued against a person holding Public Post,
Authorities, Corporation and Govemment. Under this wril, order
"Periom a legal duty or not to perform a specific act is given.
Guarehna l5u, this writ cannot be is issued in following matters
ployeeseO Mandamus writ cannot be issued against employees who
enaund are subordinate and bound to work under the orders o.
their Senior Officers (Halsbury's Laws of England)
a g e r i ni t Babel

duties are
Mandamus writ can be issued only when publiccannot be
this writ
not bein performed. This shows that because
their
institution
issuedagainst private persons or duties (Sohanlal V/s
works does not come under public
529).
Union of India, A..R. 197 S.C. implementation
for forcing
Mandamus writ cannot be issued
1 or state legislature (Vasudev
specific law by parliament
cSpeefic f
ofa
Shinay V/s.
305).
Government of India,
A.I.R. 1994
Kerala

(A.I.R.
In the case of State of U.P. V/s. Harischandra that
decided
Court has
1996 S.C. 2173)- Supreme Government from
mandamus writ be issued to
cannot
of any law or Act against
preventing the implementation
any law.
regulate the services
Mandamus writ cannot be issued to
(iv) law and irregularly.
of employees appointed against of Bihar, A.I.R. 1997
V/s. State
(Santosh Kumar Verma
S.C. 975).
Versus Union of India
In the case of 'Bhartiya Kissan Sangh
Pradesh), a question of establisihing the
(A.I.R. 2008 NOC 1493 Madhy
Krishi Vigyan Centre at a specific place was
involved and to issue orders
for the aforesaid intention a mandamus writ was filed in the Madhya
to
Pradesh High Court. The court while rejecting the petition, stated that
establish or not to establish a specific institution at a specific place is a
discretionary matter of the Indian Research Council. So
Agriculture
be considered for it. Hence the mandamus wnt
many factors are to
cannot be issued in such matters.
In the case of Smt. Vasundhara Vs State
of Tamilnadu (A.IR.
2012 NOC 123 Madras) it has been decided by the Madras High Cou
that writ of mandamus is not a osite
to claimremedyeven iI money opp civil
party is Government or
statutory corporation. Proper remedy 15
suit.
Thus, Mandamus is such a writ which is issued person
againstan
holding public post, Government or Corporation. It orders to
legal duty or not to per
perform a specific act.
Administrative Law 83
Iindo 9. Explain the nature and scope of writ of Certiorari.
Under what
circumstances the writ of
the Administrative Tribunals? certiorari
is issued against

Ans. Writ of certiorari is judicial writ whose object is to

a
encourage subordinate courts to perform their functions within jurisdiction
and to remove
their defects. It can be issued in following conditions-
(i) Where court acts without or in excess of jurisdiction, or
(i) Where the.court acts in contravention of the ule of Natural
Justice.or
(ti) Commit an ermror apparent on the face of the record.
(1) Act without or beyond Jurisdiction
Writ of certiorari is
issued to remove the defects regarding
jurisdiction of the inferior cout. State of U.P. V/s. Mohammad Noor
(A.LR. 1958 S.C. 86)-Supreme Court stated that writ of certiorari is
issued-If subordinate courts are acting without or beyond jurisdiction
or is not acting even though having, jurisdiction. Thus this writ can be
issued in following conditions
) where subordinate court is not using its jurisdiction, or
(ii) when acting without jurisdiction, or
(ii) when acting beyond jurisdiction.
Chetkar V/s. Vishwanath (1970) 2 S.C.C. 217]-Supreme
Court decided that-Subordinate courts should adjudicate within their
jurisdictio.1. They should not hear those matters which are not within its
jurisdiction.
) Principles of Natural Justice are not being followed
There is an important position of principles of Natural Justice in
Administration of Justice. These principles should be followed fo
impartial, independent and transparent adjudication.Principles of Natural
Justice are
) Every person (party) should be provided reasonable
opportunity of hearing
should be judge in his own case or the case of his
(1) No one

interest.
'law should not only
t is well established principle of law that
 Babel
84 parties are provided
possible when
is not the judge.
seen.' It is only
be done, but also be interested person,
opportunity of
hearing and Corporation V/s.
reasonable Transport
Road
Andhra
Pradesh State 1303)-Supreme Court
1965 S.C. be
Transport (A.I.R.
not
mind. He should
Satyanarayan with open parties."
should adjudicate towards both
stated that, "Judge should act
impartially
one party and to i n c l u d e
bias towards should be deemed
Justice
Principle of Natural
the opposition,
(i) Notice to the notice,
time for answering
the case,
iReasonable
the the facts of
informed of
be
i O p p o s i t i o n should
allowed oppurtunity to produce
should be
iv Opposition
evidences, his defence. etc.
be provided opportunity for
H e should (A.I.R. 1963
Workman
S.C.
Tea Estate V/s.
Meaglass
the expectation of principles of
decided that it is
1719-Supreme Court of both
evidences should be taken in the presence
Natural Justice that his
rebut such evidence and produce
.

could
parties; so that opposition
defence.
Error Apparant on the Face of the Record
(3)
of the recrod, then the writ
If an error is apparent on the face
ofcertiorari can be issued to rectify such error
It is essential for such defect or mistake that it-
)is' Ttself clear, and
i) to prove that, there is no need of evidence.
Beant Singh V/s. Union of India (1997)1 S.C.C.220]
Fromthe above it is clear that by the way of writ of certiorar,
merits of case cannot be discussed, that is appeallate powers are
no
used in such writs. (Hari Vishnu Kamath V/s. .Ahmed Ishak,
A..
1955 S.C. 223 and Syed Yakuts V/s. K.S. Radhakrishnan, A.l. LR.
1964 S.C. 477)
Scope of Writ
The scope of writ of
certiorari is limited to iudicial proceedins
orders, determinations, etc. It is not extended and
ministeria arders. Its application includes to Administra
Administrative
ive tribunals
riouin
Administrative Law
85
means that this writ can be issued against them.
Kumari Ravneet Kaur V/s: Christian Medical
College,
Ludhiana (A.I.R. 1998 Punjab & Haryana 1)-It was decided that
of certiorari is issued against such body
writ
which is performing public
duties, whether it has not been created by law.
Mohanlal V/s. Lalchand (A.I.R. 2001 Raj.
High Court stated that writ of certiorari can be issued 87Y-Rajasthan
against the order
ofAdministrative tribunal.
But in the case of B.K.
Mooniraju
Vs State of Karnatak
(A.L.R. 2008 SC 1438) the Supreme Court has decided that
generally, the
certiorari writ cannot be issued in the cases require to be decided on the
facts of subject. In this the
case authority on considering the revenue
records found that the land
in the auction. As
was not a
granted land but was purchased
per para 226, no interference can be done in such
cases.
G
Nageshwar Rao V/s. Andhra Pradesh State Road Transport
Corporation (A.I.R. 1959 S.C. 308)Supreme Court decided that today
there are many body or authority other than the courts which
determine
the various important rights of persons while
acting judicially. Thus, it
sjustifiable to issue writ of certiorari to establish Control Over them. In
tis
respect, Supreme Court has propounded following principles
) Body of Persons,
) Be legal authórity,
(ii)
Determination of questions related torights, and
iv) Performance of duty judicially.
Thus, it is an important writ to remove the defects of Subordinate
Courts.
Q. 24. Explain the writ of Quo-Warranto.
OR
Define the writ of Quo-Warranto.
Ans. Writ of Quo-warranto 1S an imp0rtant writ in terms of
Constitution and administrative approacn. The word means 'by what

thority2" It is issued when any person holds any publicpost unlawfully.

quthority?"
personIt is asked by way ofthis writ thatunder what authority he
holds the office
 86 Babel
1965 S.C.
V/s. Govind Rao (A.I.R.
University of Mysore main purpose
writ is to
ofthis
decided that, "the
491-Supreme Court unlawfully." When it is
a person from holding
public post
a
then such
prevent hotding a public post
unlawfully
found that any person is the issue of this writ
and the post

person is removed from the post by

is declared vacant.
Essential Conditions
issue of writ of Quo-
Two conditions should be fulfilled for the

Warranto
(1) A Public Post
issuing of quo-
The disputed post should be Public Post for
warranto. Public Post means that post in which the
public interest is
Public Post
involved. Following post are considered
V/s. Ram Sahay, A.I.R.
(i) Post of Speaker (Anand Bihari
1952 Central India 31);
V/s. T.L.
Shewde,
(ii) Advocate General's Post (GD. Karekar
A.l.R. 1952 Nagpur 333);
Cii) Post of Judges of High Court [Queen Emperor
VIs. Gangaram (1894) 16 Allahabad 1366);
v) Post of Member of Municipal Committee (Shyam Sunder
VIs. State of Punjab, A.LR. 1958 Punjab 128)
Such post could be challanged by any private person also. It is
also not necessary that the person challenging should be a candidate for
that post, G Venkateshwar Rao V/s. Government of A.P. (A.I.R."
1966 S.C. 828)-Supreme Court decided that to challenge the
constitutionality of a Public Post, it is not necessary that the person
challenging should be a victim or interested party.
(2) Unlawfully holding the Public Post
It is essential for the issue of rit of
Quo-warranto that any
Derson is holding a post. unlawtuly.or without any authority. It has been
approved by Chandra Mohan V/s. State of U.P. (A.I.R. 1966 S.C.
1987)
It is to mention
here that this writ is not
issued against post of
Drivate nature. Following post nave been considered as private post
Administrative Law
87
) Guardian's post for school or hospital managed by private
charitable foundation;
Post of Surgeon in hospital established by private persons;
(iii) Members of Managing Committee of Private Schools
(Amrendra V/s. Narendra, 56 C.W.N. 449)
Discretionary Remedy
It is the discretionary power of Court to issue the writ of
Quo-warranto or not. No can claim it as a right. Issuance or not
one
issuance of this writ depends upon the facts and circumstances of each
case.

Baijnath V/s. State of U.P. (A.L.R. 1965 Allahabad 151)

Allahabad High Court stated that where any person is holding a post for
long time and no complaint has been made against him, there court can
refuse to issue such writ. d
wThus, this writ prevents a person from holding a public post
unlawfully.
 (16) What is Habeas Corpus?
Ans. Habeas Corpus means"Present the
detained person before
the court". When a
person is wrongfully detained or restrained then this
writ is being issued. Under this writ
Orders are passed to present the detained person before
the court,
(i) Day and Cause' of imprisonment or detention are asked,
and
Cii) In of illegal detention, orders for releasing of the
case

detained person are passed.

This writ is issued in case of
keeping a person illegally in custody.
(Ramkishan Paul Vs State of Madhya Pradesh A.I.R. 2007 NOC 379
Madhya Pradesh).
(17) Explain the writ of Mandamus?
Ans. The word 'Mandamus' means 'We
Order. This writ is
 Administrative Law
fesuled when any corporation etc. does 95
not
this writ an order is given to hin perform his legal duties. By
In the case of 'S.S.
for performing his legal duties.
Baloo Vs State of
4 ) it has been dec.ded
by the
Kerala (A.I.R. 2009 SC
Supreme Court that in case of
discrimination in appointments this writ can be
This writ cannot be issued issued.
Smt. Satimbala Sharma
against the non-aided private schools.
Vs Saint Paul
A.I.R. 2011, SC 2926) Senior Secondary School,
(18) Explain the writ of
Ans. It is such
Prohibition. /«2ka ret
a
Judicial writ which controls the
Subordinate courts. It is issued when jurisdiction of
(t)any court acts beyond its jurisdiction, or
(i) uses jurisdiction when it does not have
.

it, or
(ii) ignores the principle of natural
It orders the subordinate
justice.
courts to perform their functions
their jurisdiction. East India within
Commercial
1962 S.C. 1893)-Supreme Court said that
Co. V/s. Collector
(A.I.R.
writ of prohibition encourages
the subordinate
courts to function within their jurisdiction.
(19) What is the difference between writs of
and certiorari ? prohibition
Ans. Following are the differences between writs of prohibition
and certiorari-
(i) Prohibition writ is a preventiveremedy while certiorari writ
i s reformative remedy.
m eo
( i ) Prohibition writ is issued during proceedings while certiorari
writ is issued after the final decision hasbeen pronounced.
ii) Prohibition writ prevent the proceedings going on in
osubordinate courts while certiorari writ calls for the record
from the subordinate courts and the decision is improved
or cancelled.
Alernahvai)
iv) Prohibition writ can be issued even after alternative remedy
is available certiorari writs cannot be issued if alternative
remedy is there on, (Calcutta Discount Co. V/s. Income
Tax Officer, A.l.R. 1961 S.C. 372)
96
(20) What is the difference between writ of Babel
Mandamus ? Certiorari and
Ans. Following differences are there between writ of
and Mandamus Certiora
) Writ of certiorari is issued against
courts,
tribunals,
judicial body or official while Mandamus writ is Quasi
against Administrative Oficer, Government, issued
or Public Officer
Corporation
i) Writ of certiorari corrects or cancells
judicial
or decision while Mandamus writ orders proceedings
officer to perform their legal duties. administrative
(21) What is Writ of Quo-Warranto?
Ans. The term quo warranto means
"by what authority" When
any person holds any public post
unlawfully then such person is removed
from the post by the issue of this writ and
the post is declared vacant,
Mainly following two facts are essentially to issue this writ-
) the post should be public post, and
(i) holding of that post without any authority.
For example-If an incapable person becomes Pradhan'
contesting election, then this writ can be issued. (Harpal, by
State of Singh Vs
Rajasthan, A.LR. 2008 NOC 1026 Rajasthan).