THE WRIT OF HABEAS CORPUS:  A PILLAR OF PERSONAL LIBERTY UNDER THE INDIAN CONSTITUTION

AUTHOR – SHUBHAM SHARMA, STUDENT AT BHARATI VIDYAPEETH UNIVERSITY, NEW DELHI.

BEST CITATION – SHUBHAM SHARMA, THE WRIT OF HABEAS CORPUS:  A PILLAR OF PERSONAL LIBERTY UNDER THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 312-317, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The writ of Habeas Corpus plays a pivotal role in the Indian legal system, serving as a vital instrument for protecting fundamental rights enshrined in the Constitution. It is a legal remedy available to citizens, ensuring that unlawful detention is swiftly addressed. Empowered by Articles 32 and 226, the writ is a cornerstone of judicial oversight, enabling the Supreme Court and High Courts to act as custodians of personal liberty. This article delves into the meaning, significance, and procedural aspects of Habeas Corpus in India, alongside exceptions and landmark judicial pronouncements that have shaped its application.

KEYWORDS: Habeas Corpus, Indian Constitution, Article 32, Article 226, Personal Liberty, Judicial Oversight.