In this article, we will read about the most important landmark judgement on the PERSONAL LIBERTY per say Article 21 and its scope.
Article 21 of the Indian Constitution states that : “No person shall be deprived of his life or personal liberty except according to the procedure established by law.”
Article 21 has been the backbone for many landmark Supreme Court judgments that have expanded the scope of fundamental rights in India. Here’s a detailed analysis of significant case laws that have shaped the interpretation of Article 21:
Maneka Gandhi vs Union of India (1978)
Facts: Maneka Gandhi’s passport was taken by the government under the Section 10(3)(c) of Passport Act, 1967, without providing her a reason or an opportunity to be heard. She challenged this action, arguing that it violated her right to personal liberty under Article 21.
Section 10(3)(c) states that: “A passport or travel document may be refused or impounded if the Government is satisfied that it is necessary or expedient to do so in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or public order.”
Judgement: The Supreme Court held that the procedure established by law for depriving a person of their personal liberty must be fair, just, and reasonable. The Court ruled that the law must not be arbitrary and must comply with the principles of natural justice. The decision in this case significantly broadened the interpretation of Article 21, integrating the concept of “DUE PROCESS OF LAW” into the scope of fundamental rights.
Significance: This case marked a shift from the earlier narrow interpretation of Article 21 to a broader view that includes the protection of personal liberties and the requirement of a fair and just procedure.
Conclusion
Thus, Article 21 shaping the scope of fundamental rights which include various aspects of personal liberty and human dignity by supreme court. The jurisprudence evolving around Article 21 reflects the Court’s commitment to protecting fundamental rights in a comprehensive manner.
