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Questions and Answers
What type of writ is an order from the Supreme Court to a Subordinate Court or administrative authority in case they fail to exercise their jurisdiction and duty?
In what situation is a Writ of Certiorari issued by the Supreme Court?
What does the term 'Quo-Warranto' mean in the context of court orders?
How can a Judge of the Supreme Court be removed from office?
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What power does a court of law have to carry out judgments and enforce laws?
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In what type of cases does the Supreme Court exercise Original Jurisdiction?
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What power allows the Supreme Court to hear and determine a dispute in the first instance?
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What type of jurisdiction involves the power to review decisions made by lower courts?
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What is a writ used to challenge a decision made by a public authority?
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Which writ is used to direct a person holding a public office to show under what authority he holds the office?
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How can the judges of the Supreme Court be removed from office?
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What mechanism ensures the independence of judges in the Supreme Court?
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Study Notes
Types of Writs and Judicial Powers
- A mandamus is an order from the Supreme Court to a Subordinate Court or administrative authority in cases where they fail to exercise their jurisdiction and duty.
Writ of Certiorari
- A Writ of Certiorari is issued by the Supreme Court when there is an error of law or a grave injustice in the decision of an inferior court, and the Supreme Court has the power to correct it.
Quo-Warranto
- Quo-Warranto means "by what authority" and is a writ issued to inquire into the legality of a person holding a public office, directing them to show under what authority they hold the office.
Removal of Judges from Office
- A Judge of the Supreme Court can be removed from office through impeachment by Parliament, with a two-thirds majority in both the Lok Sabha and the Rajya Sabha.
Judicial Powers
- A court of law has the power to carry out judgments and enforce laws through its executive authority.
Original Jurisdiction
- The Supreme Court exercises Original Jurisdiction in disputes between the Government of India and one or more States, or between two or more States.
Appellate Jurisdiction
- The power to hear and determine a dispute in the first instance is known as Original Jurisdiction, while the power to review decisions made by lower courts is known as Appellate Jurisdiction.
Writs and Judicial Review
- A writ is used to challenge a decision made by a public authority, and the most common writs are mandamus, certiorari, and quo-warranto.
- A writ of quo-warranto is used to direct a person holding a public office to show under what authority they hold the office.
Judicial Independence
- The mechanism that ensures the independence of judges in the Supreme Court is their security of tenure, fixed salaries, and protection from removal except through impeachment by Parliament.
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Description
Test your knowledge on the Writ of Certiorari and Quo Warranto issued by the Supreme Court to enforce Fundamental Rights. Learn about the purpose and application of these two important writs in the Indian legal system.
