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Q54 (CAPF/2023) Polity & Governance › Judiciary › Judicial review

Which among the following deals with Habeas Corpus?

Result
Your answer: —  Â·  Correct: B
Explanation

The case of Additional District Magistrate, Jabalpur v. Shivakant Shukla (1976) is famously known as the 'Habeas Corpus case' [1]. Decided during the Emergency, the Supreme Court held that Article 21 was the sole repository of the right to life and personal liberty, and that citizens could not approach the court for a writ of habeas corpus to challenge illegal detentions when the right was suspended [1]. In contrast, State of Uttar Pradesh v. Raj Narain (1975) primarily dealt with electoral malpractice and executive privilege. Maneka Gandhi v. Union of India (1978) expanded the scope of personal liberty by introducing the 'procedure established by law' must be just, fair, and reasonable. Nandini Satpathy v. P.L. Dani (1978) focused on the right against self-incrimination under Article 20(3). Therefore, the ADM Jabalpur case is the landmark judgment specifically associated with the suspension of the writ of Habeas Corpus [1].

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > A.D.M. JABALPUR CASE (1976) > p. 627
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