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Evolution of Article 21 of Constitution of India (Post Maneka Era) : I

By Dr. Rohini Mahurkar

Published In

Air 2016

Article 21 is one of the luminary provisions in the Constitution and is a part of the scheme for fundamental rights occupies a place of pride in the Constitution. Art.21 mandates that “no person shall be deprived of his life and personal liberty except according to the procedure established by law.” This sacred and cherished right i.e. right to life & personal liberty has an important role to play in the life of every citizen. Prior to the decision in 1978 in Maneka Gandhi’s case, Art. 21 was construed narrowly only as a guarantee against executive action unsupported by law. But Maneka’s case opened up a new dimension and laid down that it imposed a limitation upon law making as well, namely that while prescribing a procedure for depriving a person of his life or personal liberty, it must prescribe a procedure which is reasonable, fair and just. Gradually, the manifestation of dynamic constitutional jurisprudence in the areas of right to life and personal ....

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