Vikraman Nair, K; Dr.Sebastian, V D(Cochin University Of Science And Technology, May 7, 1992)
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Abstract:
The nature and extent of protection secured to
personal liberty has been a subject matter of great
controversy and debate. The expression "procedure
established by law" as a standard of protection for personal
liberty has been looked upon as highly unsatisfactory and
inadequate. For, unlike the specific attributes of liberty
that are separately guaranteed under Art.19, ‘personal
liberty‘ as guaranteed by Art.21 does not obligate the
.Legislature to comply with the requirements of justice and
reasonableness as and when it enchroaches upon that right.
Though the concept of ‘personal liberty‘ has received an
evolutive and expansive meaning through judicial process,
the standard of protection which the judicial process could
secure to personal liberty through the interpretation of
Art.21 has been far from satisfactory Even after four
decades of judicial process in the interpretation of Art.21 the problem of evolving a just and adequate standard of
protection for personal liberty in that Article continues to
be 21 crucial constitutional issue, craving for a.
satisfactory solution. And the present study is a humble
attempt to unravel this problem and to Search for a
reasonable solution.
Description:
Department of Law, Cochin
University of Science and Technology