Which of the following writs provides a remedy for a person who has been unlawfully held in prison?
- A.Certiorari
- B.Habeas Corpus
- C.Prohibition
- D.Mandamus
Correct answer
Explanation
The correct answer is Habeas Corpus, a Latin phrase meaning "to have the body of". Through this writ a court orders whoever is holding a person to produce that person before it and show the legal grounds for the detention. If the detention is found unlawful, the person is set free at once. It can be issued against public authorities and private individuals alike, and a petition can be filed by the detained person or by someone on their behalf. It is not issued where the detention is lawful, where it is for contempt of a legislature or a court, or where a competent court has ordered it.
The other three writs do different jobs. Certiorari transfers a case from a lower court or tribunal, or quashes an order it has already passed. Prohibition stops a lower court or tribunal from exceeding its jurisdiction while a case is pending. Mandamus, meaning "we command", orders a public official to perform a duty. Habeas Corpus is often called the strongest safeguard of personal liberty, because it puts the protections of Articles 21 and 22 into immediate effect.
Read the full article: Fundamental Rights (Articles 12–35): Notes, Writs and PYQs
Practice Questions
View allThe Fundamental Rights in the Indian Constitution are inspired by the ‘Bill of Rights’ of which of the following countries?
- A.Australia
- B.Japan
- C.The USSR
- D.The USA
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The Bill of Rights is the name given to the first ten amendments to the Constitution of the United States, adopted in 1791, which protect freedoms such as speech and religion against the government.
Read the full explanation →Which of the following is NOT a fundamental right after the 44th Amendment Act, 1978 of Indian Constitution?
- A.Right to property
- B.Right to equality
- C.Right against exploitation
- D.Right to religion
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When the Constitution came into force, property was protected as a Fundamental Right in two places: Article 19(1)(f), the freedom to acquire, hold and dispose of property, and Article 31, protection against being deprived of property.
Read the full explanation →The Fundamental Rights have been guaranteed to protect the public from repressive state actions; judicial decisions tend to expand the scope of the word 'State' as defined by _______ of the Indian Constitution.
- A.Article 12
- B.Article 14
- C.Article 15
- D.Article 13
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Most Fundamental Rights are claims against the State, so whoever counts as the "State" is bound by them.
Read the full explanation →Which article of the Constitution of India abolishes the concept of ‘untouchability’ and prohibits its practice in any shape or form?
- A.16
- B.15
- C.17
- D.14
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Article 17 abolishes untouchability, forbids its practice in any form, and makes the enforcement of any disability arising out of untouchability an offence punishable in accordance with law.
Read the full explanation →Article 19 of the Indian Constitution provides for how many types of freedoms?
- A.13
- B.44
- C.30
- D.6
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Article 19(1) gives every citizen six freedoms: speech and expression; to assemble peaceably and without arms; to form associations, unions or co-operative societies; to move freely throughout India; to reside and settle in any part of India; and to practise any profession or carry on any occupation, trade or business.
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