The question asks to identify the writ associated with the landmark ADM Jabalpur v. Shivkant Shukla (1976) case. This case is famously known as the "Habeas Corpus case" and is a critical judgment in Indian constitutional law, particularly concerning fundamental rights during an Emergency.
Correct Option: C) Habeas Corpus
The question asks about who can file a petition for the writ of Habeas Corpus. This requires knowledge of the principles governing the writ jurisdiction in India, particularly the unique nature of Habeas Corpus.
Correct Option: D) The detained person himself or any other person on his behalf. This option correctly reflects the liberal interpretation of locus standi for Habeas Corpus petitions, allowing anyone to file on behalf of the detained person, in addition to the detained person themselves.
The question asks for the literal meaning of the writ 'Mandamus'. To answer this, one needs to know the Latin origins and meanings of the various writs used in Indian constitutional law.
A) We command — This is the correct literal meaning of the Latin word 'Mandamus'. It signifies a command from a superior court.
The question asks against whom the writ of Mandamus cannot be issued. Mandamus is a judicial remedy in the form of an order from a superior court to a lower court, tribunal, or public authority, to perform an act it is legally bound to do. Understanding the limitations and exceptions for issuing Mandamus is key to answering this question.
Correct Option: B) The President of India and Governor of a State — Article 361 of the Indian Constitution grants immunity to the President and Governors from being answerable to any court for the exercise and performance of the powers and duties of their office. Therefore, a writ of Mandamus cannot be issued against them.
The question asks about the specific type of duty for which the writ of Mandamus is issued. Understanding the nature and purpose of Mandamus is key to answering this question.
D) A public or statutory duty that is mandatory — Mandamus is specifically designed to compel public authorities to perform duties that are mandatory and imposed by law. It ensures that public officials carry out their legal obligations.
The question asks to identify the situation where a writ of Mandamus cannot be issued. Mandamus is a judicial remedy in the form of an order from a superior court to a subordinate court, corporation, or public authority, compelling it to perform a specific public or statutory duty. We need to evaluate each option based on the scope and limitations of Mandamus.
Based on the analysis, Mandamus cannot be issued to enforce instructions that lack statutory force.
Correct Option: C) To enforce a departmental instruction not having statutory force