Which of the following Writs protects the right to life and personal liberty?
Which of the following Writs protects the right to life and personal liberty?
निम्नलिखित में से कौन सा रिट जीवन और व्यक्तिगत स्वतंत्रता के अधिकार की रक्षा करता है?
Detailed Solution & Logic
Habeas Corpus/बंदी प्रत्यक्षीकरण
Meaning of Habeas Corpus:
The term is Latin for “to have the body.” It is a writ issued by a court to produce a person who has been detained or imprisoned before the court, so that the legality of the detention can be examined.
Purpose:
Habeas Corpus safeguards individuals against illegal detention or imprisonment. If a person is unlawfully confined, the court can order their release.
Connection to Fundamental Rights:
Article 21 of the Indian Constitution guarantees the right to life and personal liberty.
Habeas Corpus is the judicial remedy that enforces this right by ensuring no one is deprived of liberty without lawful justification.
Example:
If someone is arrested without proper legal procedure or kept in custody without charges, their family or friends can file a petition for Habeas Corpus. The court will then demand the authority to justify the detention, and if found illegal, order immediate release.
Answer: The writ of Habeas Corpus protects the right to life and personal liberty.
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