File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Personal Liberty: A Closer Look at Article 21

The expression 'Personal Liberty' in Article 21 has broad scope, encompassing various rights that constitute an individual's personal liberty. Some of these rights have been elevated to the status of distinct fundamental rights and receive additional protection under Article 19. When interpreting provisions conferring fundamental rights, the court's aim should be to expand their reach rather than diminish their meaning through judicial construction. Article 21 ensures that no person shall be deprived of their life or personal liberty except in accordance with a reasonable, just, and fair procedure established by law.

Compliance with natural justice is implicit in Article 21. If any penal law (such as the Passport Act) does not specify hearing requirements before affecting an individual, the court implies those requirements to ensure a reasonable and non-arbitrary procedure. Article 21 is intertwined with Article 19, and even when there is no infringement of fundamental rights under Article 21, a law that abridges or takes away rights under Article 19 must meet the challenges of Article 19 and the hypothesis of Article 14.

The interaction of Articles 14, 19, and 21 emphasizes reasonableness, which runs like a golden thread through the fabric of fundamental rights. The concept of due process of law, synonymous with 'procedure established by law' in the American Constitution, was rejected by the Supreme Court. Article 21 protects personal liberty against executive interference unsupported by law, where 'law' refers to enacted law or state law.

A procedure that is unreasonable cannot conform to Article 14, as reasonableness permeates the entire article. The principle of natural justice demands that the person concerned must have a reasonable opportunity to present their case before being affected by penal law.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly