Who laid down an elaborate defence of personal liberty?
Answers
Answer:
Editor’s Note: It is very evident that the judiciary has evolved from an positivist institution to an activist on in the 20th century. However, when it comes to Article 21 of the Constitution of India, the judiciary has not only been involved in judicial activism, but also judicial creativity. This paper explains how trend of interpreting Article 21 has changed over the years and the various rights that fall under it.
Article 21 reads as:
“No person shall be deprived of his life or personal liberty except according to a procedure established by law.”
According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural magna carta protective of life and liberty.
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 secures two rights:
1) Right to life, and
2) Right to personal liberty.