UPPSC PCS - 2015

Which of the following writs can be issued by a High Court to secure liberty of the individual?

Year Asked: 2015

A
Mandamus
B
Quo-warranto
C
Habeas Corpus
D
Prohibition

Correct Answer

C. Habeas Corpus

Detailed Explanation

The correct answer is C) Habeas Corpus. Under Article 226, a High Court can issue writs including habeas corpus, and the same writ is available from the Supreme Court under Article 32. Its purpose is to test whether a person is held lawfully. The court orders the detaining authority to produce the body of the detained person and justify the detention. If the detention has no legal basis, the person is released. This is the writ that directly protects personal liberty under Article 21.

  • A) Mandamus is wrong because it orders a public authority or official to perform a public duty that the law requires. It does not secure the release of a detained person.
  • B) Quo-warranto is wrong because it asks by what authority a person holds a public office. It protects the public office, not individual liberty.
  • D) Prohibition is wrong because it stops a lower court or tribunal from acting beyond its jurisdiction. It is a control on jurisdiction, not a remedy for detention.

Mains connection: the writ jurisdiction shows how the Constitution turns fundamental rights into enforceable remedies, which is central to GS-II questions on judicial review.

Trap: many aspirants pick Mandamus because it sounds like a remedy for citizens. Remember that only habeas corpus is aimed at physical liberty.

This question appeared in UPPCS 2015 GS Paper 1.

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