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Showing posts from September 28, 2011

Q. What is meant by right to security and personal liberty ? What are the constitutional provisions in this regard?

Ans. One of the most important Fundamental Rights is the right to life and personal liberty as provided in Article 21 of the Constitution. According to this article, no person shall be deprived of his life and personal liberty except according to procedure established by law.
The purpose of right to life and personal liberty, as given in Article 21 is to prohibit the interference of the Executive in the field of personal liberties of people. In Gopalan Vs. State of Madras, the Supreme Court ruled that the executive can restrict the personal liberty of citizens only on the ground of procedure established by law. Again, the Supreme Court in Basina Vs. State of Uttar Pradesh (1969), held That the procedure established by law should be strictly and minutely followed by the Executive before depriving a person of right to life and personal liberty. The procedure established by law should not be violated in such a way that it harms the affected person. In the case of Narendra Vs. Gujral, the …