Writ of Habeas Corpus
‘Habeas corpus’ is a Latin term and the meaning of ‘Habeas corpus’ is ‘to have the body’. This writ protects the right to personal liberty. It is used to demand that an individual who is detained or imprisoned without lawful authority be presented before the court to verify the legality of the detention.This remedy is available not only against the state but also against the private individual. Generally while granting a writ of Habeas Corpus, the court will not award compensation but in some cases, Court can grant compensation to effectively enforce the right. This writ can not be issued under following conditions:
- If the detention is lawful.
- If the detention is issued by the competent court.
- If the detention is against the person for Contempt of Court or Legislation.
In Rudul Sah vs the State of Bihar, SC observed that compensation is one of the ways in which violation of Article 21 can be avoided/prevented.
Types of Writs in Indian Constitution with Questions and Answers and MCQs
The jurisdiction of five types of writs is derived from Article 32 and Article 226 of the Indian Constitution, which empowers the Supreme Court and High Courts, respectively, to issue writs for the enforcement of fundamental rights and other legal purposes. Writs in the Indian Constitution constitute written directives issued by the Court, providing constitutional remedies to Indian citizens in case their basic rights are violated. The Indian Constitution provides five types of writs i.e. Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. Here we discussed the types of writs in the Indian Constitution.
Table of Content
- What is the Writ in the Indian Constitution?
- Five Types of Writs in India Constitution
- Writ of Mandamus
- Writ of Habeas Corpus
- Writ of Prohibition
- Writ of Certiorari
- Writ of Quo-Warranto
- What are Article 32 and Article 226?
- Against Whom Writs can be Issued?
- Difference Between Writ Jurisdiction of Supreme Court Vs. High Court
- MCQs or Quiz on Writs of Indian Constitution
- Questions and Answers on Five Types of Writs of Indian Constitution