GK Question

polity hard mcq

Habeas Corpus cannot be issued in which of the following situations?

  1. Detention by private individual
  2. Detention under preventive detention law with procedural compliance
  3. Detention by foreign government
  4. Detention of minor by parent

Answer: Detention under preventive detention law with procedural compliance

Habeas Corpus not issued if: (a) Detention is lawful (e.g., valid conviction, preventive detention with procedural safeguards under Article 22), (b) Proceeding is for contempt of court/legislature, (c) Detention by competent court. However, if preventive detention violates procedural safeguards (e.g., no communication of grounds, no advisory board), HC/SC can issue Habeas Corpus.

Topic Writs - Habeas Corpus Exceptions
Exam Relevance Habeas Corpus limitations question for UPSC Mains and Judiciary exams