Question

What is meant by the term ‘writ’?
A.Written Laws
B.A formal document containing an order of the court to the government.
C.Basic features of the Constitution
D.None of these

Answer 1

Hint: Fundamental Rights are essential human rights guaranteed to all Indian citizens under Part III (Articles 12-35) of the Indian Constitution. The six fundamental rights enshrined in the Constitution are: Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Article 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and Right to Constitutional Remedies (Articles 32). A writ falls under the Right to Constitutional Remedies through which the individual can move to the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Right.

Complete step by step solution:
Option A: written laws are incorrect. All Articles of the Constitution, subsequent laws and codes and laws made by the Parliament are written laws.
Option B: is correct. In terms of the Right to Constitutional Remedies, the Supreme Court and High Courts have been empowered to issue writs or orders. There are five kinds of writs—Habeas Corpus which serves as a safeguard against unwarranted arrest, Mandamus which is to command a person to perform some public or semi-legal duty, Prohibition which is issued to an inferior court to prevent acting without proper jurisdiction, Certiorari which prevents inferior courts from exceeding their jurisdiction and Quo Warranto which prevents illegal assumption of any public office.
Option C: is incorrect. Although Right to Constitutional Remedies is seen as a basic feature of the Constitution, a writ cannot be described as it.
Option D: is incorrect.

Note: The Indian Constitution by making a remedial right itself a fundamental right has gone a step further than most of the constitutions in the world. Ambedkar described this right as the soul of the Constitution. This right cannot be taken away by amending the Constitution.