Скачать или смотреть Article 21 of the Indian Constitution | With Case Laws in Hindi

Article 21 of the Indian Constitution | With Case Laws in Hindi

What is Article 21

Defined as per Indian constitution that - No person shall be deprived of his life or personal liberty except according to a procedure established by law.

Derivative Definition: It provides two things

1. Firstly : No one shall be deprived of his life and personal liberty
2. Secondly : Everyone can be deprived of his life and personal liberty according to procedure established by law

Analysis:

Article 21 is not absolute and it is subject to certain restrictions which should be just, fare and reasonable

Article 21 provides tow liberties

Right to life : Right to life does not mean mere animal existence or merely the act of breathing. It guarantees the right to a dignified life (Maneka Gandhi Case)

Right to personal liberty : It provides liberty to enjoy the fruitful freedom of article 19 and freedom of all other enjoyments subject to reasonable restrictions (Maneka Gandhi Case)

Till 1978 : Interpretation of Procedure established by Supreme Court

1. Judiciary interpreted that procedure established by law provides protection only against the arbitrary exercise of the executive powers (A.K. Gopalan v. State of Madras) and not against the legislative Exercise of the arbitrary actions

2. This was the narrowest interpretation given by the SC of India

Post 1978 : Interpretation of Procedure established by Supreme Court

1. Article 21 provides protection against arbitrary exercise of powers both against executive and legislatives (Maneka Gandhi Case)

2. There remains no difference between due process of law (USA) and procedure stablish by law (INDIA)

Watch the video for complete Analysis of Article 21
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