Context:
The Supreme Court directed that status quo be maintained with respect to a well located near the entrance of a religious site in U.P.
The Status Quo
The status quo is a Latin phrase that means the current state of affairs, or the way things are at a particular time. The Supreme Court of India defines “status quo” as the existing state of affairs at a given time. In a judicial order, “status quo” means that the existing position should not be changed, and the subject matter’s features or character should not be altered.
Writs Jurisdictions of the Supreme Court
The Supreme Court of India issues writs under Article 32 of the Constitution of India. A writ is an order issued through a formal writing to enforce a fundamental right and correct legal wrongs.
- Article 32
- Article 32 of the Constitution of India grants citizens the right to approach the Supreme Court to enforce their fundamental rights. It also gives the Supreme Court the power to issue orders, directions, or writs to enforce these rights.
- Fundamental Rights
- Fundamental rights refer to a set of rights that ensure the protection of individual liberties and those of groups. They are constitutionally guaranteed in a country’s constitution and are very basic to the lives of citizens.
- What are writs?
- Writs are court orders that require a party or individual to either do something or cease performing something
- Writs are the means of enforcing the basic rights and rectifying legal miscarriages.
- Habeas corpus
- Protects individual liberty by preventing unlawful detention
- Mandamus
- Ensures that public duties are performed
- Prohibition
- Prevents lower courts from exceeding their jurisdiction
- Certiorari
- A writ that can be issued by the Supreme Court
- Quo-Warranto
- A writ that can be issued by the Supreme Court
- Who can file a writ petition?
- People whose rights have been infringed and Citizens motivated by public service end.
UPSC PYQ Question:
With reference to the writs issued by the Courts in India, consider the following statements:
- Mandamus will not lie against a private organization unless it is entrusted with a public duty.
- Mandamus will not lie against a Company even though it may be a Government Company.
- Any public-minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
Options:
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2, and 3
Answer:
Option 3: 1 and 3 only
Explanation:
- Statement 1: Correct. The writ of Mandamus can only be issued against entities performing public duties. Private organizations are excluded unless they are entrusted with a public function.
- Statement 2: Incorrect. Mandamus can lie against a Government Company if it performs public duties.
- Statement 3: Correct. Any public-minded person can approach the court to issue a writ of Quo Warranto, which questions the legal authority of a person holding a public office.
