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Unbridled Expansion — Of ‘Life’ and ‘Personal Liberty’ in Article 21 - Whether to be Curtailed?

By N. Dharmadan

Published In

Air 2004

The Supreme Court interpreted Article 21 in most liberal and “creative” manner with “activist” approach, but its amplitude has not yet been exhausted. Article 21 as it stands today provides “No person shall be deprived of his life or personal liberty except according to procedure established by law. It focuses the ‘life’ and ‘personal liberty’ of person. The method or route to which the state must adhere is clearly specified as the ‘procedure established by law’. But the limitations of this small article have not been fully set out in any decision so far rendered by the Supreme Court. The activist Judges are expanding its scope in the latest decisions as if it has no limits. Legislative history of Article 21 would throw valuable light. Any evaluation on the nature and scope of this Articles would disclose that Articles 19, 21 and 22 are integrally connected. Draft Article 15 (now Article 21) as originally pass ....

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