The question asks to identify the Part of the Indian Constitution under which Article 32 falls. This requires knowledge of the structure and contents of the Indian Constitution, specifically the various Parts and the subjects they cover.
C) Part III (Fundamental Rights) — Article 32 is titled "Remedies for enforcement of rights conferred by this Part". This clearly indicates its inclusion in Part III, which deals with Fundamental Rights (Articles 12 to 35). It is considered the "heart and soul" of the Constitution by Dr. B.R. Ambedkar because it guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights.
The question asks whether the Parliament can empower any other court, besides the Supreme Court and High Courts, to issue writs. This requires knowledge of the constitutional provisions related to writ jurisdiction in India.
Correct Option: C) Yes, under Article 32(3)
Article 32(3) of the Constitution explicitly states that Parliament may, by law, empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under Article 32(2) for the enforcement of fundamental rights. This provision directly answers the question in the affirmative.
The question asks for the literal meaning of the writ 'Habeas Corpus'. This requires knowledge of Latin legal terms commonly used in constitutional law, particularly concerning fundamental rights and judicial remedies.
Correct Option: A) To have the body of. This is the direct and literal translation of the Latin phrase 'Habeas Corpus'.
The question asks to identify the writ that is considered the 'bulwark of individual liberty'. This requires knowledge of the different types of writs issued by Indian courts and their specific functions, particularly in relation to protecting fundamental rights.
C) Habeas Corpus is known as the 'bulwark of individual liberty' because it is a powerful remedy available to a person who is unlawfully detained. It ensures that no person can be deprived of their personal liberty without legal justification, thereby safeguarding one of the most fundamental human rights.
The question asks to identify the writ that can be issued against both public authorities and private individuals. Understanding the scope and purpose of each writ is crucial to answering this question.
D) Habeas Corpus — This writ is a powerful tool for protecting individual liberty. It can be issued against both public authorities (like the police or government agencies) and private individuals if they are illegally detaining someone. Its purpose is to ensure that no person is deprived of their liberty without legal justification.
The question asks to identify the circumstance under which the writ of Habeas Corpus cannot be issued. Habeas Corpus is a writ issued to produce a person who has been detained, before the court, and to inquire into the legality of their detention. It is a powerful tool for protecting individual liberty.
Correct Option: D) When detention is by a competent court for contempt
Habeas Corpus is a remedy against unlawful detention. If a person is detained by a competent court for contempt of court, the detention is considered lawful and by due process of law. In such a case, the writ of Habeas Corpus cannot be issued because the detention is not illegal. The court itself has ordered the detention, and it is presumed to be within its legal powers.