Question
Download Solution PDFWhich one of the following writs can be issued by a High Court to secure the liberty of an individual?
This question was previously asked in
UPPSC Civil Services (Prelims) Exam GS Official Paper-I (Held On: 10 May, 2015)
Answer (Detailed Solution Below)
Option 3 : Habes Corpas
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Detailed Solution
Download Solution PDFThe correct answer is Habes Corpas.
- Writ means written command in the name of the court.
- It is a legal document that is issued by a Court that orders a person or entity to perform a particular act or to stop performing a specific deed.
Key Points
- Article 32 of the Indian Constitution makes deals with the law of issuing the writs by the Supreme Court.
- Article 226 of the Indian Constitution deals with the law of issuing the writs by the High court.
- In India, only 'prerogative writs' are issued which are issued under different circumstances.
- Prerogative writs are of five kinds:
- Habeas corpus
- Quo warranto
- Mandamus
- Prohibition
- Certiorari
- Habeas Corpus writ is issued for securing the liberty of an individual.
- It is a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
- It aims to ensure that a fast judicial review is provided in case of unlawful detention hampering the liberty or freedom of the prisoner.
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