Examination of Article 21 Right To Life and Personal Liberty
- Author Manoj Kumar
- DOI
- Country : India
- Subject : Law
Keywords : Protection of Life and Personal Liberty, foreigner, Magna Carta, American Constitution
Abstract
This right is guaranteed by the constitution. This right is provided under article 21 which reads as follows:-Article 21. Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law. The right to life and personal liberty is guaranteed by the Indian Constitution in Part III under the category of Right to Freedom (Articles 19-22). The right to life and personal liberty in accordance with the procedure established by law is guarantee by Article 21 of the Indian Constitution. The right is available to both citizens and non-citizens. The scope of Article 21 have been expands over the years through judicial pronouncements over the years. The Supreme Court of India in the famous Gopalan Case (1950) held that protection under Article 21 is available only against arbitrary executive action and not against arbitrary legislative action. It clarified that if personal liberty of an individual is taken away by a law, the validity of the law cannot be questioned. Article 21 is protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.
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