Question map
Which one of the following writs is issued by the Supreme Court of India when a person is imprisoned without procedure established by law, to produce him in a court and to submit the cause of imprisonment ?
Explanation
The writ of Habeas Corpus, which literally means "to have the body," is the legal remedy issued by the Supreme Court (under Article 32) and High Courts (under Article 226) when a person is imprisoned without legal justification [c2][c3]. This writ directs the detaining authority to produce the imprisoned person before the court to examine the cause and legality of the detention [c2][t4]. If the court finds that the detention was not done in accordance with the procedure established by law or lacks lawful justification, it orders the immediate release of the individual [c4][t6]. Unlike other writs, Habeas Corpus can be issued against both public authorities and private individuals to safeguard personal liberty against arbitrary physical coercion [c2][t8]. Other writs like Mandamus (commanding performance of duty), Certiorari (quashing orders of lower courts), and Prohibition (preventing jurisdictional excess) serve different judicial functions [t1][t6].
Sources
- [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
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 98
- [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > INTRODUCTION TO THE CONSTITUTION OF INDIA > p. 128