Personal Liberty and Indian Constitution

It is important to note the concept, object and scope of life and personal liberty as enshrined in Article 21 of the Constitution of India by quoting the observation of Shri K.Ramaswamy, J. in the case of Kartar Singh v. State of Punjab , . His Lordship while dealing with the constitutional validity of the draconian law i.e. Terrorist and Disruptive Activities (Prevention) Act, 1987 observed as under – .The right to life with human dignity of person is a fundamental right of every citizen for pursuit of happiness and excellence. Personal freedom is a basic condition for full development of human personality.

Article 21 of the Constitution protects right to life which is the most precious right in a civilised society. The trinity i.e. liberty, equality and fraternity always blossoms and enlivens the flower of human dignity. One of the gifts of democracy to mankind is the right to personal liberty. Life and personal freedom are the prized jewels under Article 19 conjointly assured by Arts. 20(3), 21 and 22 of the Constitution and Article 19 ensures freedom of movement. Liberty aims at freedom not only from arbitrary restraint but also to secure such conditions which are essential for the full development of human personality. Continue reading “Personal Liberty and Indian Constitution”