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Writ of Mandamus can be filed, as per our constitution under Article 32 in the Supreme Court, and under Article 226 in the High Courts of the States. All the writs known as the constitutional remedies can be filed under Article 32 and Article 226 of the constitution, if there is any violation of fundamental rights guaranteed under Part-III of the constitution. Writ of Mandamus is one remedial right. Writ of Mandamus literally means "We Command" According to the Writ of Mandamus can filed for the performance of the legal duty for which the person has a legal right. It is used for public purposes and to compel performance of public duties. Mandamus lies not only against executive authorities, but also against judicial and quasi-judicial authorities.
The branch that may suspend the writ of habeas corpus is the executive. However, there are several instances where legislative may take up this role.
I quote from the Constitution:"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it."The Patriot Act, however, passed in 2001 provides for mandatory detention of terrorist suspects.
i think its the constitution that abolished it.
According to the U.S. Constitution, the writ of habeas corpus can be suspended when the public safety requires it in cases of rebellion or invasion.
No. The Constitution forbids Bills of Attainder, where the Congress declares a person to be guilty of a crime by passing legislation to that effect. The Constitution preserves the Writ of Habeas Corpus except under very limited and specific circumstances.
habeas corpus, mandamus, prohibition, quo warranto and certiorari
The US Constitution states that the writ of habea corpus may be suspended by Congress only in times of war, invasion, or national emergency. Congress has suspended the writ in the case of prisoners held at Guantanamo as alleged terrorists or illegal combatants. This action is controversial because the US has not been invaded, is not engaged in a declared war, and is not in a state of national emergency.
Indian constitution has stipulated 5 kinds of writs....Habeas corpus,certiorari,mandamus,prohibition and quo warranto
only if public safety is in jeopardy (grad point);)
invasion
Writ of Assistance