Habeas corpus
| Literal meaning | You must have the body |
|---|---|
| Pronunciation | HAY-bee-as KOR-pus |
A writ ordering a person who holds another in detention to bring that person before the court. The court then decides whether the detention is lawful.
Example
A person is held by the police for several days without being produced before a magistrate. A relative files for habeas corpus.
Case laws
- Bhim Singh v. State of J&K (1985), Supreme Court: on a habeas corpus petition, the Court granted compensation for the illegal detention of an MLA.
- ADM Jabalpur v. Shivkant Shukla (1976), Supreme Court: the majority held that habeas corpus was not available during the Emergency because Article 21 was suspended.
Statutory link
Articles 32 and 226 of the Constitution of India: the Supreme Court and the High Courts can issue the writ.
Exam tip
Asked as the first of the five writs. Mention ADM Jabalpur.
Memory trick
Produce the person.
Key takeaway
Habeas corpus tests the legality of detention.
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