If a person is illegally detained, which writ can help?
Answer and explanation
Correct answer: Habeas Corpus
The governing concept is the Right to Constitutional Remedies and the use of constitutional writs to protect liberty. Habeas Corpus literally means “produce the body”; it enables a court to require the authority detaining a person to bring that person before the court and justify the detention. If the detention has no lawful basis, the court may order release. Therefore, option A is correct. Mandamus directs a public official to perform a legal duty, Prohibition stops a lower court from exceeding jurisdiction, and Certiorari reviews or quashes an order already made by a lower court. These writs address different legal situations.
Frequently asked questions
What is the correct answer to this question?
Habeas Corpus
Why is this the correct answer?
The governing concept is the Right to Constitutional Remedies and the use of constitutional writs to protect liberty. Habeas Corpus literally means “produce the body”; it enables a court to require the authority detaining a person to bring that person before the court and justify the detention. If the detention has no lawful basis, the court may order release. Therefore, option A is correct. Mandamus directs a public official to perform a legal duty, Prohibition stops a lower court from exceeding jurisdiction, and Certiorari reviews or quashes an order already made by a lower court. These writs address different legal situations.
Which subject and chapter does this question cover?
This is a Class 9 Civics question. Chapter: Democratic Rights. Topic: Right to Constitutional RemediesExpanding scope of rights.
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