Which one of the following writs can be issued by a High Court to secure the liberty of an individual?
- A.Mandamus
- B.Quo-warranto
- C.Habeas Corpus
- D.Prohibition
Correct answer
Explanation
The correct answer is C, Habeas Corpus. Habeas corpus is Latin for you may have the body. A High Court under Article 226, and the Supreme Court under Article 32, issues it to the person or authority holding someone in custody, ordering that the detenu be produced before the court so that the legality of the detention can be examined. If the detention has no legal basis the court orders immediate release, which makes it the writ that protects personal liberty under Article 21 most directly. It is also the writ through which public interest litigation first grew, because letters written on behalf of prisoners were treated as habeas corpus petitions. A, Mandamus is a command to a public authority to perform a public duty it has refused to perform, not a remedy for detention. B, Quo-warranto asks a person by what authority they hold a public office. D, Prohibition is issued by a higher court to stop a subordinate court or tribunal from exceeding its jurisdiction.
Read the full article: Public Interest Litigation and Judicial Activism: Cases and PYQs
Practice Questions
View allWhich case is generally regarded as the first public interest litigation in India?
- A.S. P. Gupta v. Union of India
- B.Hussainara Khatoon v. State of Bihar
- C.Vishaka v. State of Rajasthan
- D.Bandhua Mukti Morcha v. Union of India
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Decided in 1979, it arose from a newspaper report on undertrial prisoners in Bihar who had been in jail awaiting trial for longer than the maximum sentence their alleged offences carried.
Read the full explanation →In which case, popularly called the Judges Transfer case, did the Supreme Court lay down the relaxed rule of locus standi?
- A.Kesavananda Bharati v. State of Kerala
- B.Maneka Gandhi v. Union of India
- C.S. P. Gupta v. Union of India
- D.Minerva Mills v. Union of India
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The Supreme Court held that where a legal wrong is caused to a person or a class of persons who cannot approach the court because of poverty, disability or a socially disadvantaged position, any member of the public acting in good faith may move the court on their behalf.
Read the full explanation →Which Article of the Constitution directs the State to provide free legal aid so that justice is not denied because of economic disability?
- A.Article 38
- B.Article 39A
- C.Article 41
- D.Article 43A
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It is a Directive Principle that requires the State to secure a legal system which promotes justice on the basis of equal opportunity, and in particular to provide free legal aid by suitable legislation or schemes so that no citizen is denied the opportunity to secure justice by reason of…
Read the full explanation →Article 39A was inserted into the Constitution by which amendment?
- A.The 24th Amendment Act, 1971
- B.The 42nd Amendment Act, 1976
- C.The 44th Amendment Act, 1978
- D.The 86th Amendment Act, 2002
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Often called the Mini Constitution because of the number of provisions it touched, it added several Directive Principles, among them Article 39A on equal justice and free legal aid, Article 43A on worker participation in management and Article 48A on the protection of the environment, forests and wildlife.
Read the full explanation →The term judicial activism was coined in 1947 by which person?
- A.Arthur Schlesinger Jr.
- B.Upendra Baxi
- C.Alexander Hamilton
- D.Roscoe Pound
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The phrase travelled into Indian constitutional writing and now describes a court that reads rights expansively, fills a legislative vacuum and supervises the executive until a constitutional duty is discharged.
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