Discuss 'the procedure established by law' under Article 21 of the Constitution of India with decided case laws.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
Discuss 'the procedure established by law' under Article 21 of the Constitution of India with decided case laws.

Answer & Explanation:

According to Article 21 of the Constitution of India no person shall be deprived of his life or personal liberty except according to procedure established by law. The expression 'procedure established by law' means procedure laid down by statute or procedure prescribed by the law of the State. Accordingly, first, there must be a law justifying interference with the person's life or personal liberty, and secondly, the law should be a valid law, and thirdly, the procedure laid down by the law should have been strictly followed. The law laid down in A.K. Gopalan v. State of Madras, AIR 1950 SC 27 , that the expression 'procedure established by law' means only the procedure enacted by a law made by the State. Subsequently, in Maneka Gandhi's case (AIR 1978 SC 49) , it was laid down, that the law must now be taken to be well settled that Article 21 does not exclude Article 19 and a law prescribing a procedure for depriving a person of 'personal liberty' will have to meet the requirements of Article 21 and also of Article 19, as well as of Article 14. The procedure must be fair, just and reasonable. It must not be arbitrary fanciful or oppressive. An interesting, follow-up of the Maneka Gandhi's case came in a series of cases. In Bachan Singh v. State of Punjab, AIR 1980 S.C. 898 , it was reiterated that in Article 21 the founding fathers recognised the right of the State to deprive a person of his life or personal liberty in accordance with fair, just and reasonable procedure established by valid law.

Topics: Constitutional Law

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