A writ of which type directs that a person who has been arrested or detained must be brought physically before the court so that the court can examine the legality of the detention?

Introduction / Context:

This question examines understanding of the different writs that superior courts in India can issue to protect fundamental rights and ensure proper exercise of power. The focus here is on the writ that specifically requires that a detained person be brought before the court so the court can decide whether the detention is legal. Writ jurisdiction is a core concept in constitutional law and frequently appears in exam questions.

Given Data / Assumptions:

- The scenario involves a person who has been arrested or detained.

- The court orders that the arrested person should be produced before it.

- The options list commonly known writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.

Concept / Approach:

Among the writs, Habeas Corpus literally means you may have the body. It is used to secure the release of a person who is unlawfully detained. The court directs the authority holding the person to produce the detainee and justify the detention. If the detention is found illegal, the person is set free. Therefore, Habeas Corpus is the writ that matches the description given in the question.

Step-by-Step Solution:

Verification / Alternative check:

Standard descriptions of writs in Indian polity books always highlight Habeas Corpus as the most effective safeguard of individual liberty. It is often the first writ discussed, and many landmark cases relate to its use. This makes it less likely to be confused with other writs once the student has revised the topic carefully.

Why Other Options Are Wrong:

Mandamus is a writ used to command a public authority to perform a duty it has failed to perform, not to challenge detention.

Prohibition is issued by a higher court to prevent a lower court or tribunal from exceeding its jurisdiction in a pending case.

Quo Warranto questions the legal authority of a person to hold a public office, not the legality of detention.

Certiorari is used to quash the order of a lower court or tribunal that has acted without jurisdiction or in violation of principles of natural justice, and is not primarily about producing detained persons.

Common Pitfalls:

Learners sometimes mix up Prohibition and Certiorari, but those writs deal with control over courts and tribunals rather than detention. Another mistake is to rely only on literal meanings without understanding practical use. Focusing on the function of each writ, especially Habeas Corpus as a protection against unlawful detention, helps avoid errors.

Final Answer:

The writ that orders that an arrested person be produced before the court is Habeas Corpus.