Chapter

A Paradigm Shift in the Connotation of Article 21

B. Uma Devi

in Arrest, Detention, and Criminal Justice System

Published in print March 2012 | ISBN: 9780198075998
Published online September 2012 | e-ISBN: 9780199080953 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198075998.003.0012
A Paradigm Shift in the Connotation of Article 21

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This chapter discusses Article 21 of the Indian Constitution which specifically guarantees ‘life’ and ‘personal liberty’ against the power of the State. Article 21 notes that no person shall be deprived of his life or personal liberty except according to procedure established by law. The chapter argues that the truncated meaning given to ‘personal liberty’ that it includes liberties other than freedoms guaranteed under Article 19 of the Constitution and the deficient understanding of ‘procedure established by law’ as a procedure laid down by the legislature and not fair, just, and reasonable procedure as in the clause ‘due process of law’ have rightly now been superseded.

Keywords: protection of life; personal liberty; Indian Constitution; Article 19; freedoms; Article 21; due process

Chapter.  6115 words. 

Subjects: Human Rights and Immigration

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