SSC
Which writ is issued by a court to protect a person against unlawful arrest or detention?
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option D — Habeas corpus
Detailed Solution
"Habeas corpus" is a Latin phrase meaning "you may have the body". It is an order issued by a court to a person or authority who has arrested or detained another person, directing them to produce the detained person before the court. The court then examines the cause and legality of the detention. If the detention is found to be illegal, the court orders the person to be set free immediately.
Habeas corpus is regarded as the most important writ for personal liberty, and it is sometimes called the "great writ" or the "bulwark of individual liberty". It originated in English law; it was strengthened by the Habeas Corpus Act of 1679 in England.
In India, the Supreme Court (under Article 32) and the High Courts (under Article 226) can issue the writ of habeas corpus. It can be issued against both public authorities and private individuals. The petition can be filed not only by the detained person but also by any other person on his behalf, such as a relative or friend, especially in cases of public interest.
The writ cannot be issued in certain cases, such as:
- When the detention is lawful.
- When a person is detained by a competent court for contempt of court or of the legislature.
- When the detention is by a court of competent jurisdiction.
- When the detention is outside the court's jurisdiction.
In the controversial A.D.M. Jabalpur case (1976), also called the "habeas corpus case", during the Emergency, the Supreme Court held that a person could not approach the courts for habeas corpus while the right to life and liberty was suspended. This was criticised widely. The 44th Amendment (1978) ensured that Articles 20 and 21 cannot be suspended even during an emergency, and the judgment was overruled in 2017.
Why not the other options?
- ✗Mandamus orders a public authority to perform its duty.
- ✗Quo warranto questions a person's right to hold a public office.
- ✗Certiorari quashes an order of a lower court or tribunal.
Quick tip
Remember: Habeas corpus = "you may have the body", against illegal detention, can be issued against private persons too; A.D.M. Jabalpur (1976) = habeas corpus case, overruled in 2017.
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.