HABEAS CORPUS: EXPANDING HORIZONS OF LIBERTY

AUTHOR – PRIYA AGGARWAL* & DR. ASHISH KUMAR SINGHAL**

* LLM SCHOLAR AT THE ICFAI UNIVERSITY DEHRADUN

** ASSOCIATE PROFESSOR AT THE ICFAI UNIVERSITY DEHRADUN

BEST CITATION – PRIYA AGGARWAL & DR. ASHISH KUMAR SINGHAL, HABEAS CORPUS: EXPANDING HORIZONS OF LIBERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 466-470, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Life Without Liberty is Like a Body Without Spirit

Khalil Gibran

Habeas corpus, often hailed as the “great writ of liberty,” serves as a crucial safeguard against unlawful detention and state overreach. This study examines the evolution, scope, and application of the writ of habeas corpus in both India and the United Kingdom while tracing its historical origins and its role in protecting individual liberty. Through a comparative analysis, it explores the procedural and conceptual differences in what way the writ has been interpreted and enforced in both jurisdictions. The study also reviews landmark and recent judicial pronouncements that helps to explain the judiciary’s role in shaping the writ’s application. Additionally, it discusses the expanding horizons of habeas corpus in addressing modern legal challenges and analysing its constitutional significance and judicial evolution, this study underscores the continuing relevance of habeas corpus as a fundamental safeguard of personal liberty in contemporary legal systems.

Keywords: Habeas corpus, Liberty, UK, India, Writ