Indian Constitution Question and Answer

The Protection of fundamental rights comes under the jurisdiction of high court and supreme court.

Fundamental rights are generally regarded set of legal protections in the context of a legal system, where such system is itself based upon this same set of basic, fundamental, or inalienable rights. Such rights thus belong without presumption or cost of privilege to all human beings under such jurisdiction.

"Habeas corpus" is a Latin term that translates to "to have the body of." It refers to a legal order that requires a person who is detaining another individual to bring the detained person before a court or judge. This writ ensures that the detainee's physical liberty is protected, preventing unlawful or arbitrary detention. Habeas corpus is a fundamental right in many legal systems and is essential for safeguarding individual freedoms.

Right to property has been amended to a legal right by 44th amendment act 1979. Currently, there are six fundamental rights which are

1. Right to equality

2. Right to freedom

3. Right against exploitation

4. Right to religious freedom

5. Cultural and Educational right for minorities

6. Right to constitutional remedies

Habeas corpus is a legal order that requires a person who is holding someone in custody to bring the detainee before a court or judge. This writ is typically issued to protect individuals from unlawful detention or imprisonment. Therefore, it is issued in situations where there is a faulty or improper police detention, ensuring that individuals are not held without proper legal justification or due process.

The fundamental rights are enshrined in Part 3 of the constitution from Articles 12 to 35.

It is an order issued by the court to a person who has detained another person,to produce the body of the latter before it.

Under article 32, any person can go directly to supreme court in matters of violation of fundamental rights.

Under Article 32, Habeas Corpus is called the bulwark of personal freedom. It can be issued against government and non-government person.

Habeas corpus is a recourse in law whereby a person can report an unlawful detention or imprisonment before a court, usually through a prison official.

Supreme court (article 32) and High Courts (article 226) have the right to issue a writ.

Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power (or “franchise”) they claim to hold.