Question Bank - General Knowledge

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

A.
Habeas Corpus
B.
Mandamus
C.
Certiorari
D.
Quo Warranto

Solution:

The correct answer is Habeas Corpus.WritThe Supreme Court (Article 32) and the High courts (Article 226) can issue various writs for the enforcement of Fundamental Rights under Part III of the Indian Constitution.The Parliament (Article 32) can also empower any other court to issue writs of habeas corpus, mandamus, prohibition, certiorari, and also the quo-warranto.Habeas CorpusA Latin term that literally means to have the body of. Hence, Option 1 is correct.It is an order which is issued by the court to a person who has detained another person to produce the body of the latter before it.The court then examines the cause and the legality of the detention.It is the only writ that can be issued both against public authorities as well as private individuals.Additional InformationMandamus It literally means we command.It is issued by the court to the public official asking him to perform the official duties that he has failed or refused to perform.ProhibitionIt means to forbidIt is issued by the higher court to the lower court or the tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.CertiorariIt means to be certified or sometimes to be informed.It is issued by a higher court to the lower court or the tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter is the case.Quo-WarrantoIt means by what authority or warrants.It is issued by the court to inquire into the legality of the claim of the person to the public office.It prevents an illegal usurpation of public office by the person.

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