📖 generic · 12th TN - English Medium · POLITICAL SCIENCE · Page 82definition

Impeachment · Part 2

Chapter 4: 4 · POLITICAL SCIENCE

original and appellate jurisdictions, in cases arising within the territories of the State. Each High Court has powers of Super, intendant over all courts within its jurisdiction. Though the High Courts are the party of single and integrated judicial system, yet they are completely independent judicial institutions. The Supreme Court has no direct administrative control over them, nor they are in any way controlled try either the legislature or executive of the State.

But the Judger may be transferred from one High Court to another by the President his consultation with the Chief Justice of India. The High Court too has the power to issue writ in cases involving ‘Fundamental Rights’. Legal Remedies for Safeguarding Fundamental Rights Both the Supreme Court and High Court have the power to issue writs with a view to ensure quicker justice and early relief to persons whose rights are violated. There are five such writs.

. Habeas Corpus: Literally means a demand to produce the person in body. It applies in cases where a person is alleged to have been illegally detained. This writ safeguards personal liberty of every individual.

. Mandamus is a command to act law fully and to resist from penetrothing an unlawful act, It is meant to direct any authority to perform its legal duty. Mandamus may he issued against any authority, Officers, Government or even judicial bodies that tail or refuse to perform a public duty and discharge a legal obligation. .

Prohibition is issued by a higher Court to a lower court or tribunal for prohibiting it from exceeding its jurisdiction. Writ of Prohibition is issued only against a judicial or quasi – judicial body. . Certiorari too lies against judicial or quasi – judicial authorities, and it means ‘to be informed’.

The writ of certiorari is issued to quash illegal orders of judicial or quasi – judicial bodies . Quo – Warranto is a question asking ‘with what authority or warrant’. This is meant ascertain the legal position in regard to claim of a person to hold a public office. Besides these writs, the High Court’s under

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