AIR 1978 SUPREME COURT 597 ::1978 (1) SCC 248 ::1978 2 SCJ 312 ::1978 2 SCR 621

Supreme Court Of India

Hon'ble Judge(s): Y. V. CHANDRACHUD, V. R. KRISHNA IYER, P. N. BHAGWATI, N. L. UNTWALIA, S. MURTAZA FAZAL ALI, P. S KAILASAM , JJJ

(A) Constitution of India , Art.14, Art.19, Art.21— 'Personal liberty', meaning and content of - Right to go abroad whether included - Inter-relationship between Arts. 14, 19 and 21. Per Bhagwati, J. (jointly with Untwalia and Murtaza Fazal Ali, JJ.); rest of the Judges concurring: It is not a valid argument to say that the expression 'personal liberty' in Article 21 must be so interpreted as to avoid overlapping between that article and Art. 19 (1). The expression 'personal liberty' in Art. 21 is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Art. 19.(Para 54) It will be seen at once from the language of Art. 21 that the protection it secures is a limited one. It safeguards the right to go abroad against executive interference which is not supported by law; and law here means 'enacted law' or 'State law'. Thus, no person can be deprived of his right to go abroad unless there is a law made by the State prescribing the procedure for so depriving him and the deprivation is effected strictly in accordance with such procedure. Obviously, the procedure cannot be arbitrary, unfair or unreasonable.(Para 54) If a l....