In Indian Constitution the power to issue a writ of 'Habeas corpus' is vested only in- (1) The Supreme Court (2) The High Court (3) The Supreme Court and the High Court (4) Lower Courts

1 Answer

Answer :

(3) The Supreme Court and the High Court Explanation: In Indian constitution, the power to issue a writ of 'Habeas Corpus' is vested only in the Supreme Court and the High Court. A writ of habeas corpus is a writ (court order) that requires a person under arrest to be brought before a judge or into court. The principle of habeas corpus ensures that a prisoner can be released from unlawful detention.

Related questions

Description : Under the Constitution, the power to issue a writ of Habeas Corpus is vested in – (1) High Courts alone (2) Supreme Court alone (3) Both Supreme Court and High Courts (4) All Courts down to the District Courts

Last Answer : (3) Both Supreme Court and High Courts Explanation: Indian Constitution has adopted 5 Prerogative writs. Article 13 clearly states that Laws inconsistent with or in derogation of the fundamental rights ... to issue writs for the enforcement of fundamental rights against any authority of the State.

Description : Which writ is issued by the High court to the lower courts to stop legal action? (1) Habeas Corpus (2) Prohibition (3) Quo Warranto (4) Certiorari

Last Answer : (2) Prohibition Explanation: Prohibition writ is issued by the high court to the lower courts to stop legal action. A writ of prohibition is a writ directing a subordinate to stop doing something the law ... the subordinate, and the clerk prepares the writ and gives it to the Sheriff, who serves it.

Description : A writ issued by the High Court or the Supreme Court to protect the fundamental rights of the citizens is known as – (1) Mandamus (2) Quo Warranto (3) Certiorari (4) Habeas Corpus

Last Answer : (4) Habeas Corpus Explanation: Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. This procedure of asking the ... release of a person from illegal detention, thereby protecting their fundamental right of life and liberty.

Description : Which Writ is issued by a High Court or the Supreme Court to compel an authority to perform a function that it was not performing? (1) Writ of Certiorari (2) Writ of Habeas Corpus (3) Writ of Mandamus (4) Writ of Quo Warranto

Last Answer : (3) Writ of Mandamus Explanation: A writ of mandamus or mandamus (which means "we command" in Latin) is the name of one of the prerogative writs in the common law, and is "issued by ... of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision.

Description : The Supreme Court of India declares by issuing a writ that "respondent was not entitled to an office he was holding or a privilege he was exercising". Which writ is that? (1) Habeas Corpus (2) Quo Warranto (3) Prohibition (4) Certiorari

Last Answer : (2) Quo Warranto Explanation: The given provision came under a writ Quo Warranto issued by the Supreme Court of India. Quo warranto (Medieval Latin for "by what warrant?") is a prerogative writ ... what authority they have for exercising some right or power (or "franchise") they claim to hold.

Description : Which writ is issued by a High Court or the Supreme Court to compel an authority to perform a function that it was not performing? (A) Writ of Certiorari (B) Writ of Habeas Corpus (C) Writ of Mandamus (D) Writ of Quo Warranto

Last Answer : (C) Writ of Mandamus

Description : Which writ is issued by a High Court or the Supreme Court to compel an authority to perform a function that it was not performing? (A) Writ of Certiorari (B) Writ of Habeas Corpus (C) Writ of Mandamus (D) Writ of Quo Warranto

Last Answer : (C) Writ of Mandamus

Description : The power to decide an Election Petition for the State is vested in the – (1) Parliament (2) Supreme Court (3) High Courts (4) Election Commission

Last Answer : (3) High Courts Explanation: Section 80-A of the Representation of the People Act, 1951 provides that the High Court shall be the authority for presentment of election petitions under Article 329(2) of the Constitution. This was incorporated by an amendment in the year 1966 (Act 47 of 1966).

Description : Which of the following “writs” of the High Court or the Supreme Court is sought to produce in the court a person, suspected to be missing/in custody? (1) Mandamus (2) Quo Warranto (3) Habeas Corpus (4) Certiorari

Last Answer : (3) Habeas Corpus Explanation: Habeas corpus means "you must present the person in court". It is a writ (legal action) which requires a person under arrest to be brought before a judge or into court. ... prisoner's aid. The legal right to apply for a habeas corpus is also called by the same name.

Description : Which of the following writs/orders of the High Court/Supreme Court is sought to get an order of an authority quashed? (1) Mandamus (2) Certiorari (3) Quo Warranto (4) Habeas Corpus

Last Answer : (2) Certiorari Explanation: Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by ... decision complained of or whether the tribunal exceeded its powers in issuing the decision complained of.

Description : The writ of 'Habeas Corpus' is issued in the event of – (1) Los of property (2) Refund of excess taxes (3) Wrongful police detention (4) Violation of the freedom of speech

Last Answer : (3) Wrongful police detention Explanation: Habeas corpus means "you must present the person in court". It is a writ (legal action) which requires a person under arrest to be brought ... prisoner can be released from unlawful detention, in other words, detention lacking sufficient cause or evidence.

Description : Which one of the following Writs is issued to courts, corporations, government servants or persons directing them to perform their public duty? (1) Habeas Corpus (2) Quo Warranto (3) Mandamus (4) Prohibition

Last Answer : (3) Mandamus Explanation: Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing ... be, and which is in the nature of public duty and in certain cases of a statutory duty.

Description : Which of the following authorities is/are competent to issue writs for the enforcement of Fundamental Rights? (1) President (2) Supreme Court (3) Supreme Court and High Courts (4) Parliament

Last Answer : (3) Supreme Court and High Courts Explanation: Both the Supreme Court (Article 139) and the High Courts (Article 226) are empowered to issue writs including habeas corpus, mandamus, prohibition, ... enforcement of the Fundamental Rights, the high courts can issue writs for other purposes as well.

Description : Which one of the following is issued by the court in case of an illegal detention of a person? (1) Habeas Corpus (2) Mandamus (3) Certiorari (4) None of these

Last Answer : (1) Habeas Corpus Explanation: A writ of habeas corpus is a writ that requires a person under arrest to be brought before a judge or into court. The principle ensures that a prisoner can be released from unlawful detention that is, detention lacking sufficient cause or evidence.

Description : In which situations, habeas corpus writ is issued

Last Answer : Faulty Police Detention

Description : Which one of the following statements about Electoral Government in India is not correct? (1) The superintendence, direction and control of elections are vested in the Election Commission of India ... has the authority to scrutinize the validity of a law relating to delimitation of constituencies.

Last Answer : (4) The Supreme Court of India has the authority to scrutinize the validity of a law relating to delimitation of constituencies. Explanation: Under Article 82 of the constitution, ... the delimitation commission demarcates the boundary of parliamentary constituency on the basis of Delimitation Act.

Description : The Supreme Court of India acts as a Federal Court when it deals with – (1) Civil cases (2) Inter-State disputes (3) Appeals from lower courts (4) Election petitions

Last Answer : (2) Inter-State disputes Explanation: The Supreme Court. has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any ... of a legal right depend. In this capacity, it serves as the federal court of India.

Description : Which of the following writs can lie only against a person holding a public office? (1) Habeas corpus (2) Mandamus (3) Prohibition (4) Certiorari

Last Answer : (2) Mandamus Explanation: Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing ... be, and which is in the nature of public duty and in certain cases of a statutory duty.

Description : Which of the following courts in India is/are known as the courts of Records? (1) The High Court only (2) The Supreme Court only (3) The High Court and Supreme Court (4) The District Court

Last Answer : (3) The High Court and Supreme Court Explanation: A court of record is a court whose acts and proceedings are enrolled for perpetual memory and testimony. These records are used with a high authority and ... court of record". Article 215 empowers the High Courts of the states to be courts of record.

Description : A writ of Mandamus can be issued by the Supreme Court to – (1) an official to perform public duty (2) the Prime Minister to dissolve the Cabinet (3) the company to raise wages (4) the Government to pay the salaries to employees

Last Answer : (1) an official to perform public duty Explanation: The term "mandamus" literally means "command." Writ of mandamus is issued to a person or lower level Court or a body by a superior Court. ... a particular act. The writ of mandamus is an effective writ that checks the functioning of the government.

Description : A writ issued by the Supreme Court compelling a quasi-judicial/public authority to petiomi its manciatoly dusty is – (1) Quo warrant (2) Mandamus (3) Certiorari (4) Prohibition

Last Answer : (3) Certiorari Explanation: Equality before the law, also known as legal equality, is the principle under which all people are subject to the same laws of justice (due prodess). Article 14 of Indian ... has to face trial in the same law courts, irrespective of his status or position in the society.

Description : Which of the following is a bulwark of personal freedom? (1) Mandamus (2) Habeas corpus (3) Quo-Warranto (4) Certiorari

Last Answer : (2) Habeas corpus Explanation: Habeas corpus is a bulwark of personal freedom. It is a legal action, or writ, through which a person can seek relief from the unlawful ... has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.

Description : Which one of the following writs literally means 'what is your anthority'? (1) Habeas Corpus (2) Certiorari (3) Quo Warranto (4) Prohibition

Last Answer : (3) Quo Warranto Explanation: Quo warranto (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for ... legal proceeding during which an individual's right to hold an office or governmental privilege is challenged.

Description : Which one among the following writs literally means you many have the body? (1) Certiorari (2) Habeas Corpus (3) Mandamus (4) Quo Warranto

Last Answer : (2) Habeas Corpus Explanation: Habeas corpus writs literally means you should have the body. It is writ that a person may seek from a court to obtain immediate release from an unlawful confinement.

Description : Which of the following writs literally means 'we command"? (1) Habeas Corpus (2) Mandamus (3) Prohibition (4) Quo-Warranto

Last Answer : (2) Mandamus Explanation: The writ Mandamus literally means 'we command'. Mandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public ... under law to do (or refrain from doing) and which is in the nature of public duty.

Description : Under which one of the following writs an official can be prevented from taking an action which he is officially not entitled? (1) Mandamus (2) Quo Warranto (3) Certiorari (4) Habeas Corpus

Last Answer : (1) Mandamus Explanation: Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing ... . It may be a command to do an administrative action or not to take a particular action.

Description : Which of the following can a court issue for enforcement of Fundamental Rights? (1) A decree (2) An Ordinance (3) A writ (4) A notification

Last Answer : (3) A writ Explanation: Under the Indian legal system, jurisdiction to issue `prerogative writs' is given to the Supreme Court, and to the High Courts of Judicature of all Indian states. ... for five kinds of "prerogative" writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition.

Description : Which of the following is not the essential qualification for appointment as a Judge of the Supreme Court of India? (1) Should be a citizen of India (2) Should be at least 35 years of age (3) Should ... for at least 10 years as an advocate in one or more High Courts (4) Should be an eminent jurist

Last Answer : (2) Should be at least 35 years of age Explanation: The Constitution of India mentions certain conditions for a person to be eligible for being a judge of the Supreme Court of India. In order to be ... for at least 10 years or he must be, in the opinion of the President, a distinguished jurist.

Description : Subordinate courts are supervised by _______. (1) Supreme Court (2) District Court (3) High Court (4) Parliament

Last Answer : (3) High Court Explanation: The system of appointment of judges, their qualifications and the working of subordinate courts is under the direct control and supervision of the High Court of ... being mainly courts of appeal, hear appeals from numerous subordinate courts working at district level.

Description : Writs are issued by – (1) Supreme Court. (2) High Courts (3) The President (4) Supreme Court and High Courts

Last Answer : (4) Supreme Court and High Courts Explanation: Five writs - Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari - are issued by the Supreme Court and High Courts.

Description : Who has the right to seek advisory opinion of the Supreme Court of India, on any question of law? (1) Prime Minister (2) President (3) Any of the high courts (4) All of the above

Last Answer : (2) President Explanation: President has the right to seek advisory opinion of the supreme court of India.

Description : All the executive powers in Indian Constitution are vested with - (1) Prime Minister (2) Council of Ministers (3) President (4) Parliament

Last Answer : (1) Prime Minister Explanation: All the executive powers are vested with Prime Minister.

Description : When the chief justice of a High Court acts in an administrative capacity, he is subject to - (1) The writ jurisdiction of any of the other judges of the High Court. (2) Special control exercised ... power of the Governor of the State (4) Special powers provided to the Chief Minister in this regard

Last Answer : (3) Discretionary power of the Governor of the State Explanation: According to Article 227(b), the Chief Justice of High Court when acts in an administrative capacity, any rules made by him ... inconsistent with the provision of any law in force and requires the previous approval of the governor.

Description : The Indian Constitution provides for the appointment of Adhoc judges in: (1) Supreme Court (2) High Court (3) District and Session Court (4) All of these

Last Answer : (1) Supreme Court Explanation: The Indian Constitution provides for the appointment of Ad hoc judge in supreme court. A Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.

Description : Has the Bush administration actually violated the constitution? Aside from Habeas Corpus, and what is the evidence for that?

Last Answer : Never you mind.

Description : Under which article of Indian Constitution, a High Court can issue writs to protect the fundamental rights? (1) Article 15 (2) Article 32 (3) Article 35 (4) Article 226

Last Answer : (4) Article 226 Explanation: Under Article 226 of Indian Constitution a High Court can issue writs to protect the fundamental rights. Notwithstanding anything in Article 32 every High Court shall have ... jurisdiction. Article 35 deals with legislation to give effect to the provisions of this part.

Description : Which of the following is a feature to both the Indian Federation and the American Federation? (1) A single citizenship (2) Dual judiciary (3) Three Lists in the Constitution (4) A Federal Supreme Court to interpret the Constitution

Last Answer : (4) A Federal Supreme Court to interpret the Constitution Explanation: According to the Constitution of India, the role of the Supreme Court is that of a federal court and guardian of the ... and advisory jurisdiction. It functioned until 1950, when the Supreme Court. of India was established.

Description : Who is the custodian of Indian Constitution? (1) President (2) Parliament (3) Council Court (4) Supreme Court

Last Answer : (4) Supreme Court Explanation: The Supreme Court of India is regarded as the guardian of the Constitution. It is the Supreme or final interpreter of the Constitution. The interpretation of the Constitution ... . Council court is a legislative body of Local bodies, i.e. Bar council of India.

Description : Which article of the Indian Constitution empowers the president to consult the Supreme Court? (1) Article 129 (2) Article 132 (3) Article 143 (4) Article 32

Last Answer : (3) Article 143 Explanation: Article 143 provides power of President to consult Supreme Court. Article 129 refers Supreme Court to be a court of record.

Description : Original jurisdiction of Supreme Court is mentioned in which of the following articles of Indian Constitution? (1) Article 131 (2) Article 132 (3) Article 143 (4) Article 148

Last Answer : (3) Article 143 Explanation: Original jurisdiction of Supreme Court is mentioned in Article 131 of the Indian Constitution. The Supreme Court shall, to the exclusion of any other court, have ... 132 deals for appellate jurisdiction of Supreme Court in appeals from High Court in certain cases.

Description : The source of authority of the Indian Constitution is: (1) The Supreme Court (2) The Government (3) The People of India (4) The President

Last Answer : (3) The People of India Explanation: The preamble of the Indian Constitution mentions that the Constitution derives its authority from the people of India. The words in the preamble-"We, the ... the ultimate sovereignty of the people of India and that the constitution rests on their authority.

Description : Which article of Indian Constitution provides an advisory jurisdiction to the Supreme Court? (1) Article 129 (2) Article 132 (3) Article 143 (4) Article 32

Last Answer : (3) Article 143 Explanation: Article 143 of Indian Constitution provides an advisory jurisdiction to the Supreme Court.

Description : Original jurisdiction of Supreme Court is mentioned in which of the following articles of Indian Constitution? (1) Article 131 (2) Article 132 (3) Article 143 (4) Article 148

Last Answer : (1) Article 131 Explanation: Article 131 of the Constitution of India deals with the original jurisdiction of the Supreme Court of India.

Description : According to the Indian Constitution, the Ministers shall hold office during the pleasure of the – (1) President of India (2) Prime Minister of India (3) Parliament (4) Supreme Court

Last Answer : (1) President of India Explanation: The Indian Constitution, vests in the President of India, all the executive powers of the Central Government. The President appoints the Prime Minister, the person most ... . In practice, however, the Council of Ministers must retain the support of the Lok Sabha.

Description : Who is the guardian of Fundamental Rights enumerated in Indian Constitution? (1) Supreme Court (2) Parliament (3) Constitution (4) President

Last Answer : (1) Supreme Court Explanation: The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India. According to the ... India, the role of the Supreme Court is that of a federal court and guardian of the Constitution.

Description : The power of the Supreme Court of India to decide disputes between two or more States falls under its (A) Advisory Jurisdiction (B) Appellate Jurisdiction (C) Original Jurisdiction (D) Writ Jurisdiction

Last Answer : (C) Original Jurisdiction

Description : The "Residuary Powers" (not mentioned in the Union, State or Concurrent lists of the Constitution) are vested in – (1) President of India (2) Both Rajya Sabha and Lok Sabha (3) State Legislature (4) Lok Sabha

Last Answer : (2) Both Rajya Sabha and Lok Sabha Explanation: Three subject lists, the Union list, the State list, and the Concurrent list, define the legislative powers of each level of government. All residuary ... and Australia the residuary powers are given to the States. In Canada they vest in the Union.

Description : In India legal sovereignty is vested with (1) the President (2) the Judiciary (3) the Cabinet (4) the Constitution

Last Answer : (4) the Constitution Explanation : Legal sovereignty represents the lawyer's conception of sovereignty. It is associated with the supreme law-making authority in the state. The body which has ... a king or dictator or parliament. Legal sovereignty is organized and reorganized by constitutional law.

Description : Which one of the following subjects comes under the common jurisdiction of the Supreme Court and the High Court? (1) Protection of the Fundamental Rights (2) Mutual disputes among the states (3) Disputes between Centre and States (4) Protection from the violation of the Constitution

Last Answer : (1) Protection of the Fundamental Rights Explanation: Protection of fundamental rights comes under the common jurisdiction of the Supreme Court and high court.

Description : Which of the following comes under the jurisdiction of both the High Court and the Supreme Court? (1) Disputes between the states inter se (2) Protection against the violation of the Constitution (3) Protection of Fundamental Rights (4) Disputes between Centre and the States

Last Answer : (3) Protection of Fundamental Rights Explanation: Article 32 of the Indian Constitution confers the Right to Constitutional Remedies for the protection of Fundamental Rights contained in Part III, It states ... may be appropriate, for the enforcement of any of the rights conferred by this Part.