Habeas Corpus

• Meaning: Habeas Corpus literally means “to have the body of.”
• Purpose: It is a writ against unlawful detention and seeks the release of a person who has been illegally detained.
• Constitutional Basis:
  • Article 32 → Supreme Court
  • Article 226 → High Courts
• Issued by: Both the Supreme Court and High Courts can issue Habeas Corpus.
• Against whom: It can be issued against public authorities and, in appropriate cases, private individuals who illegally detain a person.
• Key point: It protects the Right to Life and Personal Liberty under Article 21.
• Emergency: After the 44th Constitutional Amendment Act, 1978, the right to move courts for enforcement of Articles 20 and 21 cannot be suspended under Article 359.

Prelims MCQ — English

Q. With reference to the writ of Habeas Corpus, consider the following statements:

1. It can be issued only by the Supreme Court.
2. It can be issued against a private person in cases of unlawful detention.
3. It is primarily aimed at securing release from illegal detention.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (b) 2 and 3 only

Explanation: Habeas Corpus can be issued by both the Supreme Court under Article 32 and High Courts under Article 226. It is primarily used to protect personal liberty against unlawful detention.