Does India have habeas corpus?

Asked by: Owen Wilkinson  |  Last update: February 19, 2022
Score: 4.7/5 (12 votes)

India. The Indian judiciary, in a catena of cases, has effectively resorted to the writ of habeas corpus to secure release of a person from illegal detention.

What is habeas corpus in India?

'Habeas Corpus' literally means “to have a body of”. This writ is used to release a person who has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention.

Can habeas corpus be suspended in India?

The 44th Amendment, 1978, has provided that Article 21, relating to personal liberty cannot be suspended even during an emergency. In this way personal liberty has been strengthened and the writ of habeas corpus retains its potency even during an emergency.

Who can file habeas corpus in India?

Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.

When was habeas corpus created in India?


In 1862, High Courts were ordered to be established. Three Presidency courts were established at Fort William in Bengal, Bombay and Madras and inherited the power to issue the writ of Habeas Corpus. It was initially incorporated in the Code of Criminal Procedure, 1872.

5 Types of Writs | Constitutional Remedies | Article 32 and Article 226

27 related questions found

Does Canada have habeas corpus?

[2] A habeas corpus application is used by persons who feel they are being wrongfully detained. Upon application, the individual is brought before a judge who will determine whether the detainment is lawful. ... The right is available to all individuals in Canada, including refugees and immigrants.

Who use writ of amparo?

– The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

How can I apply for habeas corpus in India?

How to file a habeas corpus writ petition: The writ of habeas corpus can be filed in the High Court (Article 226) or Supreme Court (Article 32). Upon filing a habeas corpus writ petition the Court calls upon the detained person before it to examine whether he has been illegally detained.

What is writ of certiorari in India?

The literal meaning of the writ of 'Certiorari' is 'To be certified' or 'To be informed. ' This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.

What are the 5 types of writs?

There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and all these writs are an effective method of enforcing the rights of the people and to compel the authorities to fulfil the duties which are bound to perform under the law.

Is habeas corpus in the Constitution?

Article I, Section 9 of the Constitution states, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” ... And Thomas Jefferson called the protections provided by habeas corpus one of the “essential principles of our Government.”

What is Article 32 in Indian Constitution?

Article 32 falls under Part III of the Indian Constitution which includes the Fundamental Rights of the Indian citizens. It allows all the Indian citizens to move to the country's Apex Court in case of violation of Fundamental Rights.

What happens when habeas corpus is granted?

When a petition for a Writ of Habeas Corpus is granted, it means you are granted another day in court. You are given one last chance to prove that you are being subjected to unconstitutional conditions while incarcerated.

What is habeas corpus example?

An example of habeas corpus is if you file a petition with the court because you want to be brought before a judge where reasons for your arrest and detention must be shown.

Can a foreigner file a writ petition in India?

Only fundamental or legal right available to foreigners is Article 21 and they do not have right to live in this country." The court has disposed off the matter, directing the petitioners to approach the Central Government with a representation which the government has been directed to decide within 6 weeks.

What is a writ petition in India?

Writ Petition is an order by a higher court to a lower court or courts directing them to act or stop them from doing an activity. ... In the Indian legal system, you can file or draft a writ petition under Article 226 in the High Court and under Article 32 of the Indian Constitution in the Supreme Court.

Which writ is known as postmortem?

Certiorari is the constitutional remedy which is known as Postmortem. Explanation: The writ of Certiorari signifies "to be ensured". This writ is given to the sub-par court or councils guiding them to transmit the issue to the court of record procedures pending before them.

Who is the present Chief Justice of India?

The current Incumbent and 48th chief justice of India is Nuthalapati Venkata Ramana, who entered office on 24 April 2021.

Which writ type is not enjoyed by courts in India?

The Court on any of the following grounds may refuse it; the Supreme Court has held that where the act against which mandamus is sought has been completed, the writ if issued, will be in fructuous. The Court would also refuse a writ of mandamus, if it would be meaningless, owing to lapse or otherwise.

Who can file quo warranto?

Writ of Quo-Warranto

There is a vacancy in the government and by giving a job to a 63-year-old person, they fill that vacancy. But since, the retirement age is 60 years, so in this case, one can file a writ of quo-warranto to remove such person from the public office.

What is the difference between certiorari and prohibition?

The main difference between the two writs is that the writ of prohibition is issued when a subordinate court takes up a matter which is out of their hegemony, so in this case, when this writ is issued the court has to stop its proceedings i.e., when a case is still pending in the court, whereas, the writ of certiorari ...

How effective is habeas corpus?

Habeas corpus is still an effective remedy at the federal level where a petition for writ of habeas corpus can be used to challenge both federal and state detentions where the detention may be in violation of federal law or federal constitutional protections.

Where do I file Amparo?

Where to File. – The petition may be filed on any day and at any time with the Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts.

Which is the fundamental law of the Philippines?

The Constitution is the fundamental law of the land. The present political structure of the Philippines was defined by the 1987 Constitution, duly ratified in a plebiscite held on February 2, 1987.

What is an amparo trial?

Amparo trial: is a form of constitutional review and the only jurisdictional procedure available to defend citizens from human rights violations, al- though authorities can promote it in special situa- tions. It is used to declare laws, acts and omissions of the authority unconstitutional.