Habeas corpus

• IAS NEXT, Lucknow
• 14, Feb 2022

Reference News:-

The Supreme Court recently decided to examine a habeas corpus plea made by the children of a Pakistan national who they believe has been unlawfully detained for seven years.

Important value additions 

• The Indian Constitution empowers the Supreme Court to issue writs for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution under Article 32.
• Thus the power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen.
• There are five types of Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.
• Habeas Corpus: It literally means “you may have the body.” The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.
• Mandamus: A judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
• Prohibition: A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
• Certiorari: In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency.
• Quo warranto: Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold.