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Maintainability of any writ petition under Article 226 for the issuance of a writ of Habeas Corpus, to ensure personal liberty, on the ground that the order of detention is not valid according to the provisions of the Maintenance of Internal Security Act, 1971 (also known as MISA) read with the orders issued by the President under Article 359(1).

If yes, then what is the extent of judicial scrutiny concerning the aforesaid mentioned Presidential orders?


The Supreme Court made the inherent and inalienable Right of Life under Article 21 dependent on the provisions of the Constitution.

It reduced its power and scope of functioning while dealing with cases relating to Fundamental Rights during Emergency, giving the Executive full reign of managing affairs of the country, which is arbitrary.

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