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| Name | What is Habeas corpus Writ//Meaning and Explain // Crucial Judiciary |
| Video Uploader | Video From Crucial Judiciary |
| Upload Date | This Video Uploaded At 05-08-2023 12:36:43 |
| Video Discription | One of the defining principles of Common Law is “Ubi Jus, Ibi Remedium”. This maxim means “where there is a right, there is a remedy”. The right to a remedy has been acknowledged as a fundamental right in all legal systems historically. Under Article 32 of the Indian constitution, every citizen of India has been given the right to seek constitutional remedy from the Supreme Court if they have been deprived of their fundamental rights. The Supreme Court is responsible for the administration of justice and also acts as the guardian of the constitution and the protector of fundamental rights. It would be meaningless to grant fundamental rights but not provide remedies for the enforcement of the rights if they are violated. The Indian Constitution in Part III (Article 12 to 35) contains the Fundamental Rights. It is the charter of freedom of the citizens of India. It is what the Magna Carta was; it contains the essential freedoms of the people of India. Article 32 is a constitutional safeguard for these rights. Dr B.R Ambedkar had referred to it as “the very soul of the Constitution and the very heart of it” during the Constituent Assembly debates. Constitutional philosophy of writs If an administrative action arbitrarily violates fundamental rights, the remedy can be sought by approaching the courts. Writ jurisdiction is conferred through Article 32 and Article 226 respectively upon the Supreme Court and High Courts. The right to constitutional remedy was considered by Dr. Bhim Rao Ambedkar as the heart and soul of the constitution. M. Patanjali Sastri, the 2nd CJI opined that the Supreme Court should regard itself “as the protector and guarantor of fundamental rights,” and should declare that “it cannot, consistently with the responsibility laid upon it, refuse to entertain applications seeking protection..” Nature and scope of Article 32 Writs are prerogative remedies. Article 32 is itself a Fundamental Right and the Supreme Court’s jurisdiction under article 32 is mandatory by nature and not discretionary. The writ jurisdiction of High Courts are discretionary and intrinsic for other purposes. The Scope of Article 32 in comparison to Article 226 is limited. The Supreme Court can’t be approached for any other legal right other than fundamental rights. An important feature of Article 32 is that it is not found alongside other articles that define the Supreme Court’s General Jurisdiction (Article 124-147). Types of writs Five types of writs are provided under the Indian Constitution which can be issued by the Courts. They are: Habeas Corpus The Writ of Habeas Corpus is issued in such cases by the courts when a person is detained illegally. The literal meaning of Habeas Corpus is ‘You have the body.” Providing a remedy against illegal detention is #civilserviceexam #civilserviceexampreparation #motivation considered as most effective. By the Writ of Habeas Corpus, the Court can command to present before the court such a person who has been detained. The Court asks to provide the grounds for detention and failure to provide reasonable and valid grounds can lead to release immediately. Rules related to the writ of Habeas Corpus The applicant should be in the custody of another Habeas corpus is filed by the detainee and the family members but the court may allow such applications by strangers as well. The courts can take Suo moto cognizance of information received from any source and act accordingly in the public interest. The writ cannot be successively made to different judges of the same court. Habeas Corpus will apply if procedures, as required by law, are not followed in arrests made by the police. Landmark judgments In the landmark case of ADM Jabalpur v. Shivakant Shukla also popularly known as the ‘Habeas Corpus case’, it was held right to not be unlawfully detained can be suspended even during an emergency. In the case of Kanu Sanyal v. District Magistrate, the Supreme Court held that the court can examine the legality of the detention without requiring the person detained to be produced. In the case of Sheela Barse v. State of Maharashtra, while relaxing the traditional doctrine of locus standi, the Supreme Court allowed prayer on behalf of the detainee. In the case of Nilabati Behera v. State of Orissa, the Supreme Court acted on the concept of compensatory jurisprudence to award the petitioner Rs. 1, 50,000 as compensation. In the case of Bhim Singh vs. State of Jammu and Kashmir, Rudul Shah v. State of Bihar, and in the case Sebastian Hongray v. UOI it was held by the Supreme Court that in cases of violation of fundamental rights, it is necessary to compensate by way of exemplary costs. #upsc #upscmains #legal #linkinglaws #judiciary #upsc #study #unacademy #law #supremecourt [eyNlv46BP-g] |
| Category | Education |
| Tags | #constitution | #writs | #habeascorpus | #fundamentalrights |
