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Q87 (CDS-II/2017) Polity & Governance › Judiciary › Judicial review Answer Verified

A writ issued to secure the release of a person found to be detained illegally is

Result
Your answer: —  Â·  Correct: B
Explanation

The writ of Habeas Corpus, which literally translates to "to have the body," is the primary judicial remedy used to secure the release of a person found to be detained illegally [2]. Under Articles 32 and 226 of the Indian Constitution, the Supreme Court and High Courts respectively issue this writ to command a detaining authority or private individual to produce the prisoner before the court [2]. The court then examines the legal justification for the imprisonment; if no lawful grounds for detention are found, the court orders the immediate release of the individual [1]. Unlike other writs, Habeas Corpus acts as a bulwark of personal liberty and can be filed by the detained person or a representative on their behalf [1]. In contrast, Mandamus enforces public duties, Certiorari quashes illegal orders, and Prohibition prevents lower courts from exceeding their jurisdiction.

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

CDS-II · 2015 · Q99 Relevance score: 6.41

A writ of Habeas Corpus for the release of a person can be issued l.i where the arrest or detention has taken place in contravention of the procedure established by law 2. to secure the release of a person imprisoned on a criminal charge 3. where the arrest has taken place for contempt of Court or the Parliament Select the correct answer using the code given below.

CDS-II · 2016 · Q94 Relevance score: 6.15

Which one of the following writs is issued by the Supreme Court to secure the freedom of a person upon unlawful arrest?

CDS-II · 2012 · Q55 Relevance score: 3.46

The writ of ‘Prohibition’ is issued by a superior court

CDS-I · 2005 · Q91 Relevance score: 2.83

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 ?

CDS-I · 2022 · Q79 Relevance score: 0.52

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