Evolution of the Writ of Habeas Corpus Through Judicial Pronouncements: A Study in the Indian Legal Context

The habeas corpus writ is ‘a great Constitutional privilege (a remedy against illegal restraints)’ and is based on the tussle between power and liberty. The article begins with the history and development of the habeas corpus writ from jurisprudential value to common law, and how it has been incorporated into the Indian Constitution with the help of the judicial activism of the Indian courts. Landmark case studies, along with neoteric decisions, have been catered to reflect their changing nature and discuss the legal principles formed in them with their implication as well. An effort has been made to draw insights from other jurisdictions via comparative study. The article shows the current developments, which reflect the necessity of this writ and the formation of new legal principles to maintain legal and social order, and how India copes with developments happening in other jurisdictions.