Category: LawPart of speech: phraseDifficulty: AdvancedRecommended for ★ UPSC

habeas corpus

/ˌheɪ.bi.əs ˈkɔː.pəs/Roman

English meaning: Habeas Corpus

English Definition

(English)

Habeas corpus (Latin: 'you shall have the body') is a writ — a court order — demanding that a detaining authority produce the detained person before a court and justify the detention. It protects against illegal imprisonment by the state. In India, the Supreme Court and High Courts can issue writs of habeas corpus under Articles 32 and 226. The ADM Jabalpur case (1976 Emergency) controversially suspended it.

English Definition

A legal writ requiring that a person under arrest be brought before a judge or into court, ensuring they cannot be held unlawfully. It is a fundamental safeguard against arbitrary detention and a cornerstone of the rule of law.

Example

During the Emergency (1975-77), the Supreme Court's ADM Jabalpur judgment controversially held that habeas corpus could be suspended — later widely condemned as a failure of judicial independence.

In English: The ADM Jabalpur judgment suspended habeas corpus during India's Emergency, a decision later repudiated by the Court itself.

Synonyms

  • writ of liberty
  • anti-detention writ

Antonyms / Opposites

  • arbitrary detention
  • preventive detention

Literary Heritage

The one great principle of the English law is to make business for itself.

The one great principle of the English law is to make business for itself.

Charles Dickens · Novelist · 19th century

Bleak House

Bleak House, Ch. 39, the Chancery satire, 1853

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