Question

Name the writ issued by the court that orders the arrested person should be presented before it.

• A. Habeas corpus
• B. Mandamus
• C. Quo Warranto
• D. Certiorari

Hint:

Remember the literal Latin meaning of the writs, as it often directly explains their purpose:

\textbf{Habeas Corpus:} "Have the body" → produce the person.
\textbf{Mandamus:} "We command" → do your duty.
\textbf{Quo Warranto:} "By what warrant?" → what is your authority?
\textbf{Prohibition:} "To forbid" → stop proceedings.
\textbf{Certiorari:} "To be certified" → transfer the records.

Answer 1

The Correct Option is A

Step 1: Understanding the Question
The question asks for the specific name of the writ that is used to command that a person who has been detained or arrested be brought before a court, so the court can determine if the detention is lawful.

Step 2: Defining the Writs
The Indian Constitution, under Articles 32 (for the Supreme Court) and 226 (for High Courts), provides for five types of writs:


(A) Habeas corpus: This is a Latin phrase that literally means "to have the body of". It is a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention. It is a powerful safeguard against illegal detention.

(B) Mandamus: Means "we command". It is an order from a higher court to a lower court or a public authority to perform a public or statutory duty.

(C) Quo Warranto: Means "by what authority or warrant?". It is issued by the court to inquire into the legality of a person's claim to a public office.

(D) Certiorari: Means "to be certified" or "to be informed". It is issued by a higher court to a lower court to transfer a case or to quash an order of the lower court.


Step 3: Final Answer
The writ that orders an arrested person to be presented before the court is Habeas corpus. Therefore, option (A) is the correct answer.