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Q57 (CDS-II/2012) Polity & Governance › Judiciary › Judicial process basics Answer Verified

Which one among the following writs literally means you may have the body?

Result
Your answer: —  Â·  Correct: B
Explanation

The term 'Habeas Corpus' is a Latin phrase that literally translates to 'you may have the body' or 'to have the body' [2]. It is one of the five prerogative writs issued by the Supreme Court under Article 32 and High Courts under Article 226 of the Indian Constitution [3]. The primary objective of this writ is to protect individual liberty against unlawful detention. When issued, the court commands the person or authority who has detained another to produce the body of the prisoner before the court so that the legality of the detention can be examined [1]. If the court finds no legal justification for the confinement, it orders the immediate release of the person [2]. This writ is considered a fundamental safeguard of personal freedom and can be issued against both public authorities and private individuals [2].

Sources

  1. [2] https://csis.tshc.gov.in/hcorders/2023/wp/wp_606_2023.pdf
  2. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 98
  3. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 155
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