Difficulty: Easy
Correct Answer: Habeas Corpus
Explanation:
Introduction / Context:
The Constitution of India empowers the Supreme Court and High Courts to issue various writs in order to enforce fundamental rights and to control public authorities. These writs come from the Anglo Saxon legal tradition and each has a specific purpose. Habeas Corpus is one of the most important writs because it directly protects personal liberty by challenging unlawful detention. This question tests whether students can correctly match the name of the writ with its purpose in cases of illegal custody or detention.
Given Data / Assumptions:
Concept / Approach:
Habeas Corpus literally means you may have the body. It is a court order directing the authority holding a person in custody to produce that person before the court and justify the detention. If the detention is found to be without legal basis or in violation of fundamental rights, the court can order the persons release. Mandamus is used to compel a public authority to perform a public duty. Certiorari is used to quash orders of subordinate courts or tribunals. Quo Warranto is used to question the authority of a person holding a public office. Therefore, only Habeas Corpus fits the description in the question.
Step-by-Step Solution:
Step 1: Recall the definition of Habeas Corpus as a writ to challenge unlawful detention and to secure the release of a person from illegal custody.
Step 2: Recall that Mandamus is a command to an authority to perform a public or statutory duty.
Step 3: Remember that Certiorari is issued to quash the order or decision of a lower court or tribunal on grounds of lack of jurisdiction or error of law.
Step 4: Note that Quo Warranto is used to question the legality of a persons claim to a public office.
Step 5: Compare these definitions with the requirement of the question, which is about releasing someone from unlawful detention.
Step 6: Conclude that Habeas Corpus is the only writ whose primary function matches the question.
Step 7: Choose Habeas Corpus as the correct answer.
Verification / Alternative check:
You can verify this by remembering that in many landmark cases involving preventive detention, political prisoners, or missing persons, petitions are filed under the writ of Habeas Corpus. The court issues notices to the detaining authority and often orders that the detained person be produced before it. If there is no lawful justification, the court directs immediate release. Such cases are widely discussed in constitutional law classes, which reinforces the association between Habeas Corpus and protection of personal liberty.
Why Other Options Are Wrong:
Mandamus does not directly deal with custody or detention; it focuses on compelling authorities to perform their duties. Certiorari is aimed at correcting judicial or quasi judicial orders and does not by itself order release from detention. Quo Warranto is concerned only with questioning the legal authority of a person to hold an office and has nothing to do with detention or imprisonment. Therefore, choosing any of these writs would not match the specific requirement stated in the question.
Common Pitfalls:
Students sometimes memorise the list of writs but confuse their Latin names. Another common mistake is to think that Mandamus covers any wrong by the State, including unlawful detention, because it sounds like a general command. To avoid such confusion, it is helpful to associate each Latin term with a simple English phrase: Habeas Corpus with bring the body, Mandamus with we command, Certiorari with to be informed, and Quo Warranto with by what authority. These associations make it easier to recall the distinct purposes of each writ.
Final Answer:
The writ issued to secure the release of a person who is unlawfully detained is Habeas Corpus.
Discussion & Comments