Article 21 declares that ndash ldquo No person shall be deprived of his life or personal liber...........

Indian Polity Fundamental Rights

Download Solution PDF

Article 21 declares that–

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

The protection under article 21 is:

Against arbitrary legislative action.

Against arbitrary executive action.

Both A & B

None.

छोटे Courses बड़े Results

Master Fundamental Rights

Prepare through Micro-courses

Try Now

Explanation:

GOPALAN CASE:In the famous Gopalan case (1950), the Supreme Court has taken a narrow interpretation of the Article 21. It held that the protection under Article 21 is available only against arbitrary executive action and not from the arbitrary and legislative action. This means that the State can deprive the right to life and personal liberty of a person based on a law. This is because of the expression 'procedure established by law' in article 21, which is different from the expression ' due process of law' contained in the American Constitution. Hence, the validity of a law that has prescribed a procedure cannot be questioned on the ground that the law is unreasonable, unfair and unjustSecondly, the Supreme Court held that the 'personal Liberty means only liberty relating to the person or body of the Individual.

MENAKA CASE:But in Menaka case (1978), the Supreme Court overruled its judgement in the Gopalan case by taking a wider interpretation of the Article 21. Therefore, it ruled that the right to life and personal liberty of a person can be deprived by a law that is reasonable, fair and just. In other words, it has introduced the Americal expression 'due process of law'. In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action.