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Q79 (CDS-I/2022) Polity & Governance › Judiciary › Judicial process basics Answer Verified

Which one of the following writs means ‘you may have the body’ ?

Result
Your answer: —  ·  Correct: A
Explanation

The writ of Habeas Corpus is a Latin term that literally translates to 'you may have the body' or 'to have the body'. It is a fundamental legal instrument used to protect personal liberty by challenging unlawful detention or imprisonment. When this writ is issued, the court orders the person or authority who has detained another person to bring the body of the prisoner before the court to examine the legality of the detention. If the court finds no legal justification for the imprisonment, it orders the immediate release of the person. In contrast, Mandamus means 'we command', Certiorari means 'to be certified', and Quo Warranto means 'by what authority'. Under the Indian Constitution, the Supreme Court and High Courts are empowered to issue these writs under Articles 32 and 226 respectively.

Sources

  1. [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. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 98
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SIMILAR QUESTIONS

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