Question

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How personal liberty is protected under the constitution?
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What are the fundamental Rights which are guaranteed to every arrested person under article 22 of the Constitution
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Answer 1

Answer:

Article 21 states as: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” ... This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws.

Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12. Violation of the right by private individuals is not within the preview of Article 21.

Article 21 applies to natural persons. The right is available to every person, citizen or alien. Thus, even a foreigner can claim this right. It, however, does not entitle a foreigner the right to reside and settle in India, as mentioned in Article 19 (1) (e).

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