Writs in Nepal
Exam Snapshot
Writs are extraordinary constitutional remedies critical for enforcing fundamental rights. This is a high-yield topic for TU LLB entrance, testing knowledge of jurisdictional powers and specific writ functions.
Core Concept
A writ is a formal written order issued by a superior court to enforce fundamental rights or compel public duty. While five traditional writs exist, courts also possess the power to issue any other appropriate order.
- Habeas Corpus: Produces an unlawfully detained person.
- Mandamus: Commands a public authority to perform a duty.
- Certiorari: Quashes an unlawful order.
- Prohibition: Prevents unlawful judicial action.
- Quo Warranto: Questions the legality of a public office claim.
Nepal Law Anchors
- Article 46: Right to Constitutional Remedies.
- Article 133(2): Extraordinary writ jurisdiction of the Supreme Court.
- Article 144(2): Extraordinary writ jurisdiction of the High Courts.
- Note: District Courts do not have writ jurisdiction.
Confusable Terms
- Certiorari vs. Prohibition: Certiorari quashes an already made order; Prohibition prevents future unlawful action.
- Mandamus vs. Habeas Corpus: Mandamus is for public duty; Habeas Corpus is for personal liberty (unlawful detention).
MCQ Traps
- Assuming District Courts have writ jurisdiction (they do not).
- Confusing the legal terminology for the Latin names of writs.
Example
Question: Which writ is issued to inquire into the legality of a person's claim to a public office?
Answer: Quo Warranto.
Memory Hook
- Habeas: Hold-up release
- Mandamus: Make them act
- Certiorari: Cancel decision
- Prohibition: Prevent action
- Quo: Question authority
Quick Revision
- Jurisdiction: SC and High Courts only.
- Article: 46 (Foundation), 133 (SC), 144 (HC).
- Certiorari: Quash (Past).
- Prohibition: Prevent (Future).