What does the writ 'Habeas-Corpus' in the Indian Judicial system literally mean?

Correct option is A

Ans: (A) You shall have the body

Explanation:

• The writ 'Habeas Corpus' literally means "You shall have the body."
• It ensures the right to be free from unlawful detention.
• The writ directs authorities holding a person to bring them before the court to check the legality of the detention.

Information Booster:

Types of Writs in India:

1. Habeas Corpus (Literally means "you may have the body"):

   • Purpose: It is a writ issued to produce a person who has been detained unlawfully before the court, ensuring that no one is illegally imprisoned.

   • Example: If a person is arrested or detained without proper legal grounds, their family or lawyer can file for a Habeas Corpus writ to bring them before the court and check the legality of the detention.

   • Significance: It is considered a protective writ safeguarding personal liberty.

2. Mandamus (Meaning "we command"):

   • Purpose: A writ issued by a higher court to a lower court, government body, or public authority, directing them to perform a specific duty that they are legally required to do. It is used when there is a failure or refusal to perform a duty.

   • Example: If a government official fails to perform an action that is required by law (like issuing a license), a writ of Mandamus can be filed to compel the official to do their duty.

   • Significance: This writ ensures that public authorities fulfill their obligations.

3. Prohibition (Meaning "to forbid"):

   • Purpose: A writ issued by a higher court to a lower court or tribunal, prohibiting it from acting beyond its jurisdiction or authority. This writ ensures that a lower court does not overstep its boundaries and acts within its legal powers.

   • Example: If a lower court starts proceedings on a matter beyond its jurisdiction, the Supreme Court or High Court can issue a Prohibition writ to stop it.

   • Significance: It ensures the proper exercise of judicial authority.

4. Certiorari (Meaning "to be certified" or "to be informed"):

   • Purpose: A writ issued by a higher court to a lower court or tribunal, quashing or reviewing its decision, order, or proceeding if it exceeds its jurisdiction, is illegal, or is made in excess of powers.

   • Example: If a lower court issues a judgment beyond its jurisdiction or makes a decision based on incorrect legal principles, a writ of Certiorari can be filed to review and set aside the decision.

   • Significance: This writ is used to correct errors of jurisdiction and ensure that the lower court follows the law.

5. Quo Warranto (Meaning "by what authority" or "under what warrant"):

   • Purpose: A writ issued to question the legality of a person’s claim to a public office. It can be used to challenge someone who is holding a public office without legal authority or right.

   • Example: If someone is occupying a public office (like a government position) without proper appointment or qualification, a Quo Warranto writ can be issued to challenge their authority to hold that office.

   • Significance: This writ ensures that public offices are filled by properly qualified individuals and that no one holds a position without legal grounds.