Habeas Corpus
/ˈheɪbiəs ˈkɔːrpəs/
Latin Writ / Legal Remedy
Images
CC-licensed · free to useVideo
Definition
A writ meaning 'you shall have the body.' It requires a detaining authority to produce a detained person before a court to justify the lawfulness of detention. It is the primary safeguard of personal liberty against unlawful imprisonment.
Examples
Case Study
In ADM Jabalpur v. Shivkant Shukla (1976) — also called the Habeas Corpus Case — the Supreme Court of India controversially held (4:1) that during the Emergency, no one could seek habeas corpus to challenge detention. Justice H.R. Khanna alone dissented, upholding the right to life even during Emergency — a dissent now celebrated as one of the finest in Indian judicial history. This case led directly to the 44th Constitutional Amendment (1978) making Article 21 non-suspendable even during Emergency.
Key Cases
ADM Jabalpur v. Shivkant Shukla (Habeas Corpus Case)
1976AIR 1976 SC 1207
The darkest chapter in Indian judicial history. During Emergency (1975–77), majority held habeas corpus suspended. Justice H.R. Khanna's lone dissent became legendary. The 44th Amendment reversed this by making Article 21 non-suspendable.
View on Indian Kanoon →K.S. Puttaswamy v. Union of India
2017(2017) 10 SCC 1
Nine-judge bench overruled ADM Jabalpur in part, holding that right to privacy (and life) is fundamental and non-suspendable. Effectively rehabilitated Justice Khanna's dissent.
View on Indian Kanoon →Somersett's Case
1772(1772) 98 ER 499
Lord Mansfield issued habeas corpus for a formerly enslaved man, holding slavery had no legal basis in England. Watershed moment in the history of personal liberty.
View on Indian Kanoon →