Habeas Corpus

noun (uncountable; Latin legal term)

/ˌheɪbiəs ˈkɔːpəs/

A writ or legal action commanding a detaining authority to produce a detained person before the court so the lawfulness of the detention may be examined. Under Article 32 and 226 of the Indian Constitution, writs of habeas corpus can be issued by the Supreme Court and High Courts respectively. During the Emergency (1975–77), the Supreme Court in ADM Jabalpur v. Shivakant Shukla (1976) controversially held that habeas corpus was suspended; this was reversed by the 44th Amendment (1978) and judicially overruled in K.S. Puttaswamy (2017).

✍️ Usage in a UPSC answer

The writ of habeas corpus issued by the High Court required the state government to produce the undertrial prisoner, whose detention had vastly exceeded the permissible period under UAPA, before the bench within 48 hours.

Synonyms

liberty writpersonal freedom writanti-detention order

Antonyms

detention orderremandpreventive detention order

🌱 Word Family

corpus (noun), corporal (adjective), incorporate (verb), habitual (distantly cognate), corpse (cognate noun)

🔡 Root

Latin habeas (you may have / you shall have) ← habere (to have) + corpus (body)

📜 Etymology

A Medieval Latin legal formula, the full form being habeas corpus ad subjiciendum (you shall have the body brought before us). The writ developed in English common law from the 13th century and was formally codified in the Habeas Corpus Act, 1679 (England). Considered the cornerstone of personal liberty.

🧠 Memory Hook

HABEAS CORPUS = 'You SHALL HAVE the BODY (corpus).' Imagine a judge pointing at a jailer and saying: 'You have that person's body in custody — bring it before me NOW.' The Latin itself is the mnemonic.

📝 Seen in UPSC Question Papers

Prelims 2025 — Fundamental Rights

Real UPSC previous-year questions whose text uses “Habeas Corpus” — proof this word earns its place on your list.

⚖️ Polity & Constitution 📖 Seen in: Preamble of the Indian Constitution

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