explain habeas corpus class 11
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Complete answer:
Writs are considered to orders that are written from the Supreme court or High court that has the remedies of the constitution for the citizens of India against the abolition of their fundamental rights. According to article 32 of the constitution of India any citizen of India can seek Supreme court or High Court if there is abolition of their fundamental rights.
There are five types of writs in order to enforce the fundamental rights of the Indian citizens. These are Habeas Corpus , Mandamus, Prohibition, Certiorari and Quo- Warranto.
The Habeas Corpus in the Latin language means to have a body of. In order to enforce the fundamental rights as well individual liberty of the citizens of India against the detention that is unlawful, this writ is used. Against the private or public authorities, this writ can be issued by the Supreme court and high court. The Supreme court or high court can order a person who had arrested another person to bring the body of another before the court by the Habeas Court.
The issue of Habeas Corpus cannot be in the following cases when the detention is considered to be lawful and when it is outside the jurisdiction of the court. If detention is by competent court, Habeas Court cannot be issued.
Hence, the correct answer is option (A).
Note:The Habeas Corpus in the Latin language means to have a body of. In order to enforce the fundamental rights as well individual liberty of the citizens of India against the detention that is unlawful, this writ is used. Against the private or public authorities, this writ can be issued by the Supreme court and high court.
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