Habeas Corpus from your nearest District Court, Big Ideas Ep 71

Alok Prasanna Kumar, jurist and policy expert, argues that the writ of habeas corpus should not be the exclusive preserve of the Supreme Court and the High Courts. He makes the case that every district court in India should have the power to ask, with what authority of law has a person been detained.

A few questions sit at the centre of this conversation:
1. If 95% of judges in India sit in district courts, why is the most basic remedy against illegal detention out of their reach?
2. Does the Constitution actually exclude district courts from issuing the writ, or have we read an exclusion into it that isn't there?
3. Could Section 151 of the Code of Civil Procedure already authorise district courts to demand the production of a detained person?
4. And if district judges did exercise this power, how would enforcement be ensured?

Resources:
1. Article 142 of the Constitution: https://www.constitutionofindia.net/articles/article-142-enforcement-of-decrees-and-orders-of-supreme-court-and-orders-as-to-discovery-etc/
2. Article 226 of the Constitution: https://www.constitutionofindia.net/articles/article-226-power-of-high-courts-to-issue-certain-writs/
3. Section 151 of the Code of Civil Procedure, 1908: https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00051_190805_1523340333624§ionId=33494§ionno=151&orderno=162
4. CJI D. Y. Chandrachud on the position of District Courts in Indian Judiciary: https://www.thehindu.com/news/national/andhra-pradesh/district-courts-are-not-subordinate-in-judiciay-they-are-just-a-rank-below-to-high-courts-says-chief-justice-of-india/article66321647.ece

Guest links:
1. LinkedIn: https://www.linkedin.com/in/alok-prasanna-6378055/
2. Vidhi Centre for Legal Policy: https://vidhilegalpolicy.in/team/alok-prasanna/

Follow us on:
https://www.linkedin.com/company/xkdr-forum/
https://twitter.com/XkdrF
https://xkdr.org

#policy #business #growth #economy #finance #firms

Видео Habeas Corpus from your nearest District Court, Big Ideas Ep 71 канала XKDR