Advertisements
Advertisements
Question
The Supreme Court is the Guardian of the Fundamental Rights. In this connection explain the following units which its can issue:
(i) Habeas Corpus (ii) Mandamus.
Advertisements
Solution
(i) Habeas Corpus: It literally means to “have his body”. Habeas Corpus implies that the Supreme Court might issue an order upon a person to produce a prisoner, whom the person has kept in confinement, before the Court so that the Court may ascertain whether the detention of the prisoner has been made strictly in accordance with law or not. The Court thereby can either set him free or bring about his speedy trial.
(ii) Mandamus: It literally means “We command”. This writ is a sort of command from the Supreme Court to a Subordinate Court or an administrative authority in case they fail to exercise their jurisdiction and fail to perform their duty.
APPEARS IN
RELATED QUESTIONS
With reference to the Supreme Court, explain its functions stated below:
As a guardian of Fundamental Rights.
Name the courts that are empowered to issue writs for the enforcement of Fundamental Rights.
Which body has the final authority to interpret the Constitution?
Why should the Judiciary be separated from the Executive?
Why is the Supreme Court said to be the guardian of the Constitution?
Mention three circumstances in which the office of the Judge of the Supreme Court falls vacant.
What do you understand by the term ‘Judicial Review’?
Hew does supreme court play the Guardian of the Fundamental Rights?
How does Supreme Court act as: Custodian of the Constitution?
Mention any two writs issued by the High Court.
