A writ issued to secure the release of a person found to be detained illegally is
- A.Mandamus
- B.Habeas corpus
- C.Certiorari
- D.Prohibition
Correct answer
Explanation
The correct answer is B, Habeas corpus. The writ, whose name means to have the body, orders the person or authority holding someone to produce that person before the court, and the court sets the person free if the detention is illegal.
In India the Supreme Court issues writs under Article 32 and the High Courts under Article 226. Habeas corpus can be issued against public authorities as well as private persons, which makes it a key guard of personal liberty under Article 21. It is not issued when the detention is lawful, for example under a valid court order, or when a person has been committed by a court for contempt.
Option A is wrong because mandamus, meaning we command, orders a public official or body to perform a legal duty. Option C is wrong because certiorari quashes an order already passed by a lower court or tribunal. Option D is wrong because prohibition stops a lower court from going on with a case beyond its jurisdiction.
Exam tip: five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto; only habeas corpus lies against private persons.
Practice Questions
View allWhich one of the following statements about the All India Services is correct?
- A.The All India Services may be created by an Act of the Parliament.
- B.The endorsement of the Rajya Sabha is not essential for the creation of the All India Services.
- C.The rules of recruitment to the All India Services are determined by the UPSC.
- D.The conditions of service to the All India Services may be altered by the UPSC.
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Under Article 312, Parliament may by law create new All India Services common to the Union and the States.
Read the full explanation →Which one of the following statements regarding Uniform Civil Code as provided under Article 44 of the Constitution of India is not correct?
- A.It is a Fundamental Right of every Indian citizen.
- B.The State shall endeavour to secure it for citizens throughout the territory of India.
- C.It is not enforceable by any Court.
- D.It is not enforceable by a Court yet the Constitution requires that as a principle it should be fundamental in the governance of our country.
Show answer
The Uniform Civil Code is not a Fundamental Right. Article 44 sits in Part IV of the Constitution, among the Directive Principles of State Policy.
Read the full explanation →In the context of elections in India, which one of the following is the correct full form of VVPAT?
- A.Voter Verifiable Poll Audit Trail
- B.Voter Verifying Paper Audit Trail
- C.Voter Verifiable Paper Audit Trail
- D.Voter Verifiable Paper Account Trail
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VVPAT is a printer attached to the EVM that lets the voter see, on paper, that the vote went to the chosen candidate.
Read the full explanation →Which one of the following regarding the ordinance-making power of the Governor is not correct?
- A.It is not a discretionary power.
- B.The Governor may withdraw the ordinance anytime.
- C.The ordinance power can be exercised when the Legislature is not in session.
- D.The aid and advice of ministers is not required for declaring the ordinance.
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The Governor issues an ordinance only on the aid and advice of the Council of Ministers headed by the Chief Minister.
Read the full explanation →Which one of the following statements is not true of the Protection of Women from Domestic Violence Act, 2005?
- A.This Act provides civil remedies to protect a woman subjected to domestic violence.
- B.Only women can make a complaint under this legislation.
- C.Relief may be sought only against the husband or a male live-in partner with whom the woman has lived in a domestic relationship.
- D.The Act includes not just wives but also women in marriage-like relationships.
Show answer
Relief under the Act is not limited to the husband or male partner; a complaint can also be filed against his relatives.
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