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Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Which writ requires a person under arrest to be brought before a judge or into court?

  1. Habeas Corpus

  2. Mandamus

  3. Quo-warranto

  4. Prohibition
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The writ of Habeas Corpus can be issued against both public authorities as well as private individuals.

  1. True

  2. False
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful. It can be issued by Supreme Court or the High Court against both public authorities as well as private individuals.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

___________ is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.

  1. Habeas Corpus

  2. Mandamus

  3. Prohibition

  4. Certiorari
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. It writ can be issued against anyone, including the president or governor of the state, a private person or chief justice.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Mandamus can also be issued against any public body, _________.

  1. A corporation

  2. An inferior court

  3. A tribunal or government

  4. All of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Mandamus literally means 'We Command'. It is a command issued by the Supreme Court or High Curt to public official asking him to perform his official duties that had failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. 

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The writ of Mandamus cannot be issued against the President of India or the State Governors; and against the Chief Justice of a High Court acting in the judicial capacity.

  1. True

  2. False
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ can be issued against anyone, including the president or governor of the state, a private person or chief justice.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The writ Habeas Corpus is a bulwark of individual liberty against arbitrary detention.

  1. True

  2. False
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Habeas Corpus literally means that you have the body. Through it a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, to bring the prisoner to court, to determine whether the detention is lawful. Thus it protects the person against unlawful detention and hence is considered a bulwark of individual liberty against arbitrary detention.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The writ Quo-Warranto is issued by the court to inquire into the legality of the claim of a person to a public office.

  1. True

  2. False
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Quo Warranto literally means "by what warrant" . It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. The Writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Quo-Warranto does not prevent illegal usurpation of public office by a person.

  1. True

  2. False
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

 Quo Warranto literally means "by what warrant" . It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. The Writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Which among the following conditions are necessary for the issue of writ of quo warranto?
1. The office must be public and must be created by a Statute or by the Constitution itself.
2. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.
3. There has been a contravention of the constitution or a Statutory Instrument, in appointing such person to that office.
Select the correct answer using the code given below:

  1. 1 and 2 only

  2. 1 and 3 only

  3. 2 and 3 only

  4. 1, 2 and 3
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option D is the correct answer as all the conditions are necessary. The term Quo Warranto means “by what authority or warrant”. It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

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

  1. Mandamus

  2. Habeas Corpus

  3. Quo Warranto

  4. Certiorari
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The Literal meaning of 'Habeas Corpus' is "we may have the body'. It is an order issued by the court to a person who has illegally detained the other person directing him to produce such person in the court for examination of detention. The person is then freed if the detention is found to be illegal. Hence, this writ is the bulwark of Individual's liberty against illegal detention.