Context:
In response to the Manipur sexual violence video, Supreme Court takes Suomotu cognizance and gives an ultimatum to the governments to bring the perpetrators to justice.
About Suo Motu Cognizance:
- Latin term – means “on its own”.
- An action taken by a government agency, court, or central authority on their own initiative.
- Situation – Any information about the violation of rights or breach of duty through media or a third party’s notification
- In suo moto cases, there is no plaintiff.
- Article 32 (Supreme Court) and Article 226 (High Courts): Allows filing Public Interest Litigation (PIL) in India, empowering courts to initiate legal action.
A plaintiff is a person or entity which files a case or petition in the court.
About Article 32 of the Constitution:
- A fundamental right.
- Grants Right to Constitutional Remedies.
- Individuals can move to the Supreme Court directly for the enforcement of fundamental rights.
- Jurisdiction in case of enforcement of Fundamental Rights –
- Supreme court: Original but not exclusive
- High Court: Concurrent
- Chandra Kumar case (1997): The writ jurisdiction of both the high court and the Supreme Court constitute a part of the basic structure of the Constitution.
- SC has power to issue directions or orders or writs for the enforcement of any of the fundamental rights.
- 5 Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto
Original means an aggrieved citizen can directly go to the SC, not necessarily by way of appeal. Concurrent means the aggrieved party has the option of moving either the high court or the Supreme Court directly.
About Article 226 of the Constitution:
- Not a fundamental right but a constitutional right.
- Empowers High Courts to issue writs for the enforcement of enforcement of fundamental right or any ordinary legal right.
- Writ jurisdiction of the high court is wider than that of the SC.
Source: The Hindu
With reference to the writs issued by the Courts in India, consider the following statements:
- Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
- Mandamus will not lie against a Company even though it may be a Government Company.
- Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
[UPSC Civil Services Exam – 2022 Prelims]
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
