Chapter

Shifting Trends in Approach to the Fundamental Rights

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/9780198075998.003.0014
Shifting Trends in Approach to the Fundamental Rights

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Under Article 21 of the Indian Constitution, life and liberty can be deprived by a law and this law, must obviously be within the scope of legislative powers vested in the legislature by the Constitution. Logically, detention necessarily means a denial of freedoms guaranteed by Article 19. This chapter argues that the Court should have applied Article 19 to the impugned law but it shrank from doing so as it felt that applying Article 19 to a detention law would make Article 19 and Articles 21–22 incompatible. The shift in approach of the Court to fundamental rights, more particularly, Article 19 and Article 21 is determined on whether in the particular case it has been called upon to test detention per se or whether the question is rights subject to the fact of detention.

Keywords: fundamental rights; detention law; deprivation of life; Indian Constitution; Article 19; Article 21; denial of freedoms

Chapter.  5093 words. 

Subjects: Human Rights and Immigration

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