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Question
The Supreme Court is the Guardian of the Fundamental Rights. In this connection explain the following units which its can issue:
(i) Habeas Corpus (ii) Mandamus.
Solution
(i) Habeas Corpus: It literally means to “have his body”. Habeas Corpus implies that the Supreme Court might issue an order upon a person to produce a prisoner, whom the person has kept in confinement, before the Court so that the Court may ascertain whether the detention of the prisoner has been made strictly in accordance with law or not. The Court thereby can either set him free or bring about his speedy trial.
(ii) Mandamus: It literally means “We command”. This writ is a sort of command from the Supreme Court to a Subordinate Court or an administrative authority in case they fail to exercise their jurisdiction and fail to perform their duty.
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