Which writ is bulwark of personal freedom?

Last Update: April 20, 2022

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Asked by: Prof. Ivory Greenfelder MD
Score: 4.7/5 (28 votes)

Complete answer: Habeas corpus is a bulwark of personal freedom. It is a legal writ through which a person can seek relief from the unlawful detention of him or herself, or of another person.

Which writs is guarantor of personal freedom?

Habeas Corpus.

Which among the following writs is known as bulwark of individual liberty against arbitrary detention?

Habeas Corpus

It is a Latin term which literally means 'to have the body of'. This writ is a bulwark of individual liberty against arbitrary detention. The writ of habeas corpus can be issued against both public authorities as well as private individuals.

Which of the following writs stand for individual freedom?

The Correct Answer is Habeas Corpus. Habeas Corpus is the bulwark of an Individual's liberty against illegal detention. Anything that is issued under an authority is a writ.

What is the writ that is issued to protect personal liberty?

habeas corpus, an ancient common-law writ, issued by a court or judge directing one who holds another in custody to produce the person before the court for some specified purpose.

five types of Writs - (Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.)

18 related questions found

What are the 5 types of writs?

TYPES OF WRITS (i) Writ of Habeas Corpus, (ii) Writ of Mandamus, (iii) Writ of Certiorari, (iv) Writ of Prohibition, (v) Writ of Quo-Warranto, Writ of Habeas Corpus: It is the most valuable writ for personal liberty.

Who can issue writs?

Under Article 32, a writ petition can be filed in the Supreme Court. The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed.

What are examples of writs?

Orders, warrants, directions etc. issued under authority are examples of writs. There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari.

Which one of these is not a writ?

Option d- Suo Moto means 'on its own motion'. It is generally used when a government authority, court or an agency takes actions based on their own apprehension. This is not any writ issued by the Supreme Court. Thus, this is the correct option.

What are writs and its types?

There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and all these writs are an effective method of enforcing the rights of the people and to compel the authorities to fulfil the duties which are bound to perform under the law.

What does habeas corpus literally mean?

The literal meaning of habeas corpus is "You shall have the body"—that is, the judge must have the person charged with a crime brought into the courtroom to hear what he's been charged with.

What is the writ of certiorari?

Writs of Certiorari

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review. ... According to these rules, four of the nine Justices must vote to accept a case.

Which writ is called postmortem in India?

Certiorari is the constitutional remedy which is known as Postmortem. Explanation: The writ of Certiorari signifies "to be ensured". This writ is given to the sub-par court or councils guiding them to transmit the issue to the court of record procedures pending before them.

What is the purpose of writ of mandamus?

Whenever a public officer or government has done some act which violates the fundamental right of a person, the Court would issue a writ of mandamus, restraining the public officer or government from enforcing that order or doing that act against the person whose fundamental right has been violated.

What is the Article 139?

Article 139 empowers the Parliament to confer by law additional power on the Supreme Court to issue directions, orders or writs for purposes other than the enforcement of the fundamental rights something that was under the scheme of the Constitution reserved for the High Courts (Article 226).

What does the writ of quo warranto means?

Quo warranto means: “by what authority”. ... The writ of quo warranto can be issued against the holder of a public office. The writ calls upon him slowly to the court under what authority he holds the office. If the holder has no authority to hold the office, he can bee ousted from its enjoyment.

What is suo moto?

Since January 2020, the Court has taken up 13 cases 'suo moto'. This means they take up cases by their own notice, without any petition being filed, or interest being brought before them.

Who appoints chief justice of Supreme Court?

The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.

Which writ is not specifically provided in the Constitution of India?

The Supreme Court or High Court can issue this writ against both private and public authorities. Habeas Corpus can not be issued in the following cases: When detention is lawful. When the proceeding is for contempt of a legislature or a court.

What happens when a writ is issued?

A writ of habeas corpus can be used to evaluate the constitutionality of criminal convictions delivered by state courts. When the writ is issued, a public official is ordered to produce an imprisoned individual before the court to determine whether their confinement is legal.

How do you draft a writ?

  1. FORMAT OF WRIT PETITION. A. SYNOPSIS AND LIST OF DATES (Specimen enclosed) ...
  2. MOST RESPECTFULLY SHEWETH : Facts of the case 2. Question(s) of Law 3. ...
  3. C. The Writ Petition should be accompanied by: ...
  4. I N D E X. _________________________________________________________________ ...
  5. IN THE SUPREME COURT OF INDIA. ORIGINAL JURISDICTION.

What is a writ answer?

A writ is a formal written order issued by a Court. Any warrant, orders, directions, and so on, issued by the Supreme Court or the High court are called writs. A writ petition can be filed in the High Court or the Supreme Court of India when any of your fundamental rights are violated.

Who can file a writ of certiorari?

United States Supreme Court

A case cannot, as a matter of right, be appealed to the U.S. Supreme Court. As such, a party seeking to appeal to the Supreme Court from a lower court decision must file a writ of certiorari. In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case.

What is a legal writ?

A writ is an order issued by a legal authority with administrative or juridicial powers, typically a court.

When can a writ of mandamus be issued?

A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite demand in writing, has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order.