this writ is in the nature of an order. it is issued agaist wrongful detention. by issuing such a writ the court can order that a person who has been imprisioned brought before it to know the reason of his detention and set him free if there is no legal justification for the imprisonment. the words 'habeas corpus' means to have a body.
it means command. it commands the person to whom it is addressed to perform some public or quasi pblic legal duty which he has refused to reform and the performance of which cannot be enforced by any other adequate legal remedy.
this is issued by the suprememe court or a high court to an inferior court or a lower court forbidding the latter to discontinue proceeeding in a case which is outside its jurisdiction
this is issued to a lower court after a case has been decided by it quashing the decisions or order. it is issued when the court acts beyond its jurisdiction.
it is a proceeding by which the court enquires into the legality of the claim of a person to public offence and to remove him from enjoyment if the claim is not well founded.
every citizen is assured euality before the law and the equal protections of the laws. no discrimination can be made on the grounds of religion, caste,race,sex or place of birth. in matters of public employment also all citizens are assured equality of opportunity
right to freedom(art 19-22)
the right gurantees to citizens six fundamental freedoms- freedom of speech and expression, freedom of assembly, freedom to form associations, feedom of movement, freedom to reside and settle in any part of the country, freedom of profession.
art 21 contains right to life and by the _________ was inserted, which contains right to education
86th amendment 2002, art 21(a)
right agains exploitation(art 23-24)
this right seeks to protect the weaker sections against exploitation by unscrupulus persons or even the state it prohibits traffic in human beings and beggar and imposes restrictions on the employment of children below the age of 14 in factories and other hazardous jobs.
right to freedom of religion(art 25-28)
every citizen is free to profess,practice and propagate any religion. the state can neither patronize any particular religion nor ask any citizen to pay taxes for the promotion of any religion(act 27) and art 28 prohibits instruction in any educational institution.
cultural and educational rights(art 29-30)
the const permits the minorities to conserve their language,script and culture and establish and administer educational institutions for the purpose.
right to constitutional remedies(art 32)
this right has been described as the heart and soul of the const. both the supreme and high courts are empoweered to issue writs of habeous corpus,mandamus,prohibition,quo-warranto and certiorari.
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