Political Science · Political Institutions in India
UGC NET July 2016 Political Science
Which one of the following statements about the writ of Habeas Corpus is correct?
AIt can be issued to secure the release of a person who has been imprisoned by a court of law on a criminal charge
BIt can be issued to interfere with the proceeding for contempt by a Court of record or by Parliament
CThe writ is a very powerful safeguard to the subject against arbitrary acts not only of private individuals but also of the executive ✓ Correct
DBy this writ, the Court can obtain knowledge of the reason a person has been imprisoned, but cannot set her/him free if the imprisonment is unlawful
Correct answer: (C) The writ is a very powerful safeguard to the subject against arbitrary acts not only of private individuals but also of the executive — Habeas Corpus is a powerful safeguard against the arbitrary acts of both private individuals and the executive, so that statement is correct.
Explanation
★Habeas Corpus is a powerful safeguard against the arbitrary acts of both private individuals and the executive, so that statement is correct.
★Habeas Corpus means to have the body and is issued to produce a detained person before the court to examine the legality of the detention.
★If the detention is found to be unlawful, the court orders the immediate release of the person, so the option denying release is wrong.
★It can be issued against both the State and private individuals who unlawfully detain a person.
★It cannot be issued to interfere with a court's proceeding for contempt, which makes that option incorrect.
★It is one of the five writs available under Articles 32 and 226 of the Constitution.
★For NET, remember Habeas Corpus as the writ that protects personal liberty against unlawful detention.
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