Q1. With reference to the writ of Habeas Corpus, consider the following statements:
- It can be issued against both public authorities and private individuals.
- It can be issued when detention is pursuant to a judicial order of a competent court.
- Its primary objective is to secure release from unlawful detention.
How many statements are correct?
A) Only one
B) Only two
C) All three
D) None
Q1. (B)
Explanation:
- (1) Correct — Habeas Corpus lies against any person who has illegally detained another, including private individuals (e.g., illegal confinement).
- (2) Incorrect — Not maintainable if detention is under a valid judicial order by a court of competent jurisdiction; remedy lies in appeal/revision, not writ.
- (3) Correct — Core object is protection of personal liberty under Article 21 by testing legality of detention.
Q2. Under which conditions can a writ of Mandamus be issued?
- To enforce a statutory duty
- Against a private company performing no public duty
- Against the President of India
- Against a public official refusing to perform duty
Select the correct answer:
A) 1 and 4 only
B) 1, 2 and 4 only
C) 1, 2 and 3 only
D) 1, 3 and 4 only
Q2. (A)
Explanation:
- (1) Correct — Mandamus enforces performance of public/statutory duty.
- (2) Incorrect — Cannot be issued against private bodies unless they discharge public functions.
- (3) Incorrect — President/Governor enjoy immunity under Article 361.
- (4) Correct — Classic use: public authority failing to perform legal duty.
Q3. The writ of Quo Warranto is issued to:
A) Release a person from detention
B) Compel performance of duty
C) Prevent excess jurisdiction
D) Inquire into legality of public office
Q3. (D)
Explanation:
- Quo Warranto judicially examines by what authority a person holds a public office.
- Prevents usurpation of public office.
- Office must be public, statutory/constitutional, and substantive.
Q4. Which writ can be issued even when the petitioner is not personally aggrieved?
A) Habeas Corpus
B) Mandamus
C) Certiorari
D) Quo Warranto
Q4. (D)
Explanation:
- Quo Warranto does not require locus standi; any citizen can challenge illegal occupation of public office.
- Rationale: matter concerns public interest, not private grievance.
Q5. Consider the following:
- Writs are part of judicial review.
- The concept of writs in India is borrowed from the USA.
- Article 32 itself is a Fundamental Right.
How many are correct?
A) Only one
B) Only two
C) All three
D) None
Q5. (B)
Explanation:
- (1) Correct — Writs are core instruments of judicial review.
- (2) Incorrect — Borrowed from British common law, not USA.
- (3) Correct — Right to constitutional remedies is a Fundamental Right.
