Distinguish between the following: Habeas corpus and Quo warranto
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2018
Distinguish between the following: Habeas corpus and Quo warranto
Answer & Explanation:
Habeas corpus The writ of 'habeas corpus' is a remedy available to a person who is confined without legal justification. The words "Habeas Corpus" literally mean "to have a body". This is an order to let the Court know on what ground he has been confined and to set him free if there is no legal justification for his detention. This writ has to be obeyed by the detaining authority by production of the person before the Court. Quo warranto The writ of 'quo warranto' is prayed, for an inquiry into the legality of the claim which a person asserts to an office or franchise and to oust him from such position if he is an usurper. The holder of the office has to show to the Court under what authority he holds the office. This writ is issued when the office is of a public and of a substantive nature; the office is created by a Statute or by the Constitution itself; and the respondent must have asserted his claim to the office. The fundamental basis of the proceedings of 'quo warranto' is that the public has an interest to see that no unauthorised person usurps a public office. It is a discretionary remedy which the court may grant or refuse.
Topics: Writs
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