Habeas Corpus: A Constitutional Shield Against Unlawful Detention In India
- IJLLR Journal
- May 22
- 1 min read
Charu Ved Parashar, MVN University, Palwal
ABSTRACT
The writ of Habeas Corpus, commonly referred to as the “guardian of personal freedom,” serves as a crucial legal remedy to challenge unlawful imprisonment and ensures accountability of state authority. This study examines the development, legal contours, and essential role of this writ within India’s constitutional framework, particularly in safeguarding individual liberty enshrined in Article 21. Tracing its roots from historical legal traditions, the research outlines its procedural dynamics and analysis applicability during normal conditions as well as during national crises. Through critical assessment of pivotal cases most notably the contentious ADM Jabalpur verdict and the judiciary’s corrective stance in the post- emergency period, the paper emphasizes the reaffirmation of life and liberty as core constitutional values. By drawing parallels with global jurisprudence and addressing present-day hurdles such as misuse of preventive detention statutes, the study underlines the ongoing necessity of reinforcing the effectiveness of habeas corpus. In essence, the research underscores its enduring relevance as a tool for protecting democratic principles and ensuring lawful governance.
Keywords: Habeas Corpus, Personal Liberty, Emergency Provisions, ADM Jabalpur, Preventive Detention, Judicial Review, Rule of Law.
