Question

Which one of the following is not a writ, issued by the Supreme Court?
a. Prohibition
b. Habeas Corpus
c. Certiorari
d. Suo-Moto

Answer 1

Hint: A writ is anything which is issued by virtue of influence or under authority. In India, both the Supreme Court and High Court have been empowered with Writ jurisdiction.

Complete Step by Step Answer: The Indian Constitution has authorized the Supreme Court to issue writs in case of enforcement of fundamental rights. These fundamental rights have been granted by Part III under Article 32 of the Indian Constitution. This authority is basically to ensure that the Right to Constitutional Remedies is available to every Indian citizen.
Additionally, the Constitution also has provisions for The Parliament for conferring on the Supreme Court the power to issue writs for other purposes too. There are five types of writs issued which are Mandamus, Certiorari, Quo Warranto, Prohibition and Habeas Corpus.
Let us study the various alternatives given.
Option a- Prohibition is a writ issued by the Supreme court for prohibiting an inferior court from continuation of any proceedings in a case where it has no jurisdiction or authority to try. So, this is an incorrect option.
Option b- Habeas Corpus means ‘you may have the body’. This writ is meant to be able to release a person who has been detained unlawfully even if in prison or private custody. This is also a wrong answer.
Option c- Certiorari means ‘to be certified’. The purpose of this writ is to quash an order which has already been passed by a tribunal, quasi-judicial authority or an inferior court. Thus, it is an incorrect answer.
Option d- Suo Moto means ‘on its own motion’. It is generally used when a government authority, court or an agency takes actions based on their own apprehension. This is not any writ issued by the Supreme Court. Thus, this is the correct option.
Hence, option ‘d’ is the correct answer.

Note: The High Courts too are empowered for issuing writs for enforcement of any rights as mentioned in Part III and for any other issues as deemed fit.