THE GREAT WRIT IN INDIA: SAFEGUARDING LIBERTY THROUGH HABEAS CORPUS

Habeas Corpus or the Great Writ is one of the most important and valuable writs in public law. It is a extraordinary writ through which the court maintains its control over the liberty of the subject. It is known as the greatest safeguard of the personal freedom of the individual. Habeas Corpus is a common law remedy and Articles 32 and 226 of the Constitution of India have incorporated this writ so that the courts can exercise power to issue a writ of Habeas Corpus for the enforcement of Fundamental Rights. In this paper, the origin and history of Habeas Corpus, Constitutional provision regarding the Writ, growth of the Writ of Habeas Corpus in India and the importance of this extraordinary writ in the present scenario is being discussed. The Judicial interpretation of Habeas Corpus in India and the much controversial case of ADM Jabalpur v. Shivkant Shukla and also, the landmark cases that have contributed to the development of the Writ of Habeas Corpus is being highlighted. Habeas Corpus is treated as a fundamental safeguard of personal liberty that requires the state to justify detention before an independent tribunal. The paper analyses the key cases that shaped modern doctrine, and discusses tensions between national security and rights protection in the 21st century.