The document discusses Article 32 of the Indian Constitution, which guarantees citizens the fundamental right to constitutional remedies. It establishes the writ of habeas corpus, one of five writs the Supreme Court and high courts can issue to protect fundamental rights. Habeas corpus writs require authorities to produce detained individuals and justify their detention, and courts can order releases for unlawful detentions. The document provides details on the meaning and use of habeas corpus in India to challenge excessive bail terms and conditions that limit personal liberty.

1. Article 32: Right to Constitutional
Remedies Article 32 was called "the very
soul of the constitution and the very heart
of it" by Dr. B R Ambedkar.

2. • The right to constitutional remedy was created
as one of the main fundamental rights, because
the constitution recognized the need to protect
the rights of the citizens.
• In case of any one of the fundamental rights
being deprived or denied to the resident of the
country, the individual or the party has the
right to present their case in a court.

3. In this case, the court has the flexibility to assign
writs to the public in the form of habeas corpus,
mandamus, prohibition, quo warranto and certiorari.
In the case of a national emergency, the government
has the flexibility to append the right of the citizen.
According to Article 32, Indian citizens can stand up
and fight for their fundamental rights if they are
breached.
Today, here we present about the HABEAS CORPUS.

5.  The supreme court of India is alert guardian of fundamental
rights of citizens. It is supreme custodian. Article 32 of
constitution provides for writs for the enforcement of
fundamental rights.
 Similar, jurisdiction is available to high court under Article
226. actually, the jurisdiction of high court to issue writ is
more wide than that of supreme court. High court can issue
writ for 'other purposes' along with fundamental rights,
whereas supreme court can only issue writ for the
enforcement of fundamental rights

6.  As per Article 32(2) and Article 226(1) of the
constitution, the supreme court and high court can
issue five types of writs-
 1.Habeas corpus
 2.Mandamus
 3.Prohibition
 4.Certiorari
 5.Quo-Warrant

9. :- The writ requires a person having custody of a
prisoner to bring him before the court together
with the grounds for his detention.
:- The detaining authority must then explain to the
court the reasons for the detention.
:- If the reasons are “not in accordance with law”,
the court has the duty to order the detainee to be
released.

12. The Supreme Court gave the meaning of the writ
Habeas Corpus in this case-
 Court can ask the causes of detention of the detained
person.
 Can order to produce the detained person before the
court.
 If the detained person is illegally detained , the
court will order that he be released.

13.  The burden of proving that the detention is in
accordance with law is, in the first instance, on
the detaining authority:
 This burden is discharged simply by producing
the detention order.

14.  The onus then shifts to the detainee, especially if
he alleges bad faith.
 A person released on habeas corpus can sue for
damages for the period during which he suffered
unlawful imprisonment.

15.  In India, UK and Malaysia, habeas corpus can be
used to challenge the terms and conditions of bail
if the amount of surety required is excessive or
other pre-conditions result in serious
consequences for the liberties of the accused.

19. Rights without remedies are like:-
“lights that do not shine”
“fires that do not glow”

21. Submitted to-
Mr. SHAHNAWAZ AHMEDMALIK
(Assistant Professor)
(Dept. of Law)
A.M.U. CENTRE MALAPPURAM
KERALA
Submitted by-
ABDUL ROUF NAIK
GH-9033
14BALLB16
B.A.LLB. (Hons.)
VI Semester