Which one of the following writs can be issued by a High Court to secure the liberty of an individual?

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UPPSC Civil Services (Prelims) Exam GS Official Paper-I (Held On: 10 May, 2015)
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  1. Mandamus
  2. Quo-warranto
  3. Habes Corpas
  4. Prohibition

Answer (Detailed Solution Below)

Option 3 : Habes Corpas
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Detailed Solution

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The 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:
  1. Habeas corpus
  2. Quo warranto
  3. Mandamus
  4. Prohibition
  5. 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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