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
Name any two writs issued by the Supreme Court.
Name the courts that are empowered to issue writs for the enforcement of Fundamental Rights.
Who can increase the number of Judges of the Supreme Court?
Who appoints the administrative staff of the Supreme Court?
Why should the Judiciary be separated from the Executive?
What is the advisory role of the Supreme Court of India?
Mention the salary and allowances of the Chief Justice and the other Judges of the Supreme Court.
What is understood by a ‘Single Integrated Judicial System’ as provided in the Indian Constitution?
What do you understand by the term ‘Judicial Review’?
Mention any two writs issued by the High Court.
