All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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30.

Which of the following Writs is a bulwark of personal freedom?

A: Quo Warranto
B: Mandamus
C: Habeas Corpus
D: Certiorari

The answer is: C

Explanation

The correct option is C: Habeas Corpus.

This writ is a bulwark of personal freedom because it protects the individual from unlawful or arbitrary detention by the state or any other authority. It means 'to have the body of and it is issued by the court to order the person who has detained another person to produce the body of the latter before the court and justify the grounds of detention. If the court finds that the detention is illegal or unjustified, it can order the release of the person.

Habeas Corpus is a fundamental right guaranteed by Article 21 of the Constitution, which states that no person shall be deprived of his life or personal liberty except according to procedure established by law. It is also a constitutional remedy available under Article 32 and Article 226, which empower the Supreme Court and the High Courts respectively to issue writs for the enforcement of fundamental rights. Habeas Corpus can be issued against both public and private authorities, and it can be filed by the detained person or any other person on his behalf.

Habeas Corpus is a bulwark of personal freedom because it ensures that no person can be detained without a valid reason and due process of law. It also provides a speedy and effective remedy for securing the release of a person who is illegally or wrongfully detained. It safeguards the individual's right to liberty and dignity, which are essential for human existence.