Abstract
The Constitution of India is universally recognised as the highest legal authority in the country. It provides a list of many provisions, including the provisions related to Writs. The Constitution of India establishes a set of laws and regulations to safeguard the rights of the people. Among the several rights granted by the Constitution of India to its citizens, the right to Writs is one of them. Article 226 of the Indian Constitution grants the High Court the authority to issue writs for the enforcement of Fundamental Rights and for any other purposes. Article 32 of the Constitution of India grants the Supreme Court the authority to issue writs such as Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, and Certiorari to ensure the execution of Fundamental Rights. This article aims to evaluate the significance of Writs and their many categories, with a specific focus on the Writ of Habeas Corpus. The analysis will be based on the interpretation of Article 32 and Article 226 of the Constitution of India.
Key Words: Constitution, Writs, Article 32, Article 226, High Court, Supreme Court.
Research Methodology:
This article employs the Doctrinal Method, specifically utilising secondary data. Secondary data is obtained from several sources such as articles, books, libraries, and the internet.
Objectives:
The researcher aims to study the idea of writs as outlined in the provisions of the Constitution of India. The researcher intends to examine the writs of Habeas Corpus as outlined in Article 32 of the Constitution of India, which pertains to the Supreme Court, and Article 226, which pertains to the High Court.
Introduction:
The Constitution of India has enshrined certain rights. In the event of these rights being infringed, residents have the option to seek redress from both the High Court and Supreme Court by means of Writs. There exist multiple types of writs. The following are legal writs: Writ of Habeas Corpus, Writ of Mandamus, Writ of Certiorari, Writ of Prohibition, and Writ of Quo Warranto. This article primarily examines the definition, extent, and scope of Habeas Corpus. Habeas Corpus is a Latin expression that translates to “you must have the body”. This Writ of Habeas corpus is issued as an order to summon the person who has unlawfully detained another person to bring the detainee before the court for the purpose of assessing the legality of their incarceration. If, following the presentation of a detainee, the court determines that the imprisonment of said detainee is unlawful, the court will issue an order for the immediate release of the detained individual.
The purpose of this Writ is to ensure the liberation of the individual who is unlawfully confined. The detained individual may be released either from private custody or from a correctional facility. According to the Indian constitution, the right to apply for a Writ of Habeas Corpus is not limited to the aggrieved person alone. Any friend or relative of the aggrieved person can also file a writ petition on their behalf. This can be done under Article 32 of the Indian constitution in the Supreme Court, or under Article 226 in the High Court. If a writ of Habeas Corpus is being filed by someone other than the injured individual, they must provide a justification for doing so. The precise norms of pleading are not adhered to in relation to the writ of Habeas Corpus. A mere post card written by the detainee from prison is sufficient to prompt the Court to initiate an examination of the legitimacy of the detainee’s detention.