Previous Year Question
Which one of the following writs can be issued by a High Court to secure liberty of the individual?
Mandamus
Quo-warranto
Habeas Corpus
Prohibition
Correct Answer: C
Detailed Solution
Habeas Corpus is one of the most important constitutional writs for protecting personal liberty. It is used when a person is detained illegally or without lawful authority.
Through this writ, the Court directs the person or authority responsible for the detention to produce the detained person before the Court and justify the legal basis of the detention. If the Court finds the detention unlawful, it may order the release of the person.
Article 226 of the Constitution empowers every High Court to issue writs including Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. Importantly, a High Court may issue these writs not only for enforcement of Fundamental Rights but also “for any other purpose.”
The distinction from the other options is useful. Mandamus directs a public authority to perform a legal duty. Quo Warranto examines the legal authority by which a person occupies a public office. Prohibition generally prevents a subordinate court or tribunal from proceeding beyond its jurisdiction.
Thus, whenever the key idea is “personal liberty” or “illegal detention,” the relevant writ is Habeas Corpus.