Whether concept of Procedure established by Law under Art. 21 has undergone any change from the inception of Constitution? Explain with appropriate Case laws.
>
0
Comments
 |
| Whether concept of Procedure established by Law under Art. 21 has undergone any change from the inception of Constitution? Explain with appropriate Case laws. |
Que: Whether concept of Procedure established by Law under Art. 21 has undergone any change from the inception of Constitution? Explain with appropriate Case laws.
Ans:
A] Introduction:
Article 21 of the Indian Constitution enshrines the fundamental right to life and personal liberty, which cannot be deprived except by the procedure established by law. The concept of "procedure established by law" has undergone significant evolution since the inception of the Constitution. Initially, it was perceived as a mere procedural safeguard, but over time, the judiciary expanded its scope to ensure substantive justice and protection of individual rights. This article examines the evolution of the "procedure established by law" under Article 21, its changing interpretations, case laws, unique points, and its impact on criminal law.
B] The Inception of "Procedure Established by Law":
1.Constituent Assembly Debates: During the framing of the Constitution, the term "procedure established by law" was debated, and it was decided to adopt it in place of "due process of law" from the American Constitution.
2.Minimalistic Approach: In the early years after independence, the Supreme Court followed a minimalistic approach, interpreting "procedure established by law" as a mere requirement of formal legality without delving into the substantive fairness of laws or procedures.
C] Expanding the Scope of Article 21:
1.Maneka Gandhi v. Union of India (1978): This landmark case revolutionized the interpretation of Article 21. The Supreme Court held that the procedure established by law must be just, fair, and reasonable. It introduced the concept of substantive due process, emphasizing that the procedure must adhere to principles of natural justice and safeguard individual rights.
2.Right to Privacy: In subsequent cases, the Supreme Court recognized the right to privacy as a fundamental right inherent in Article 21, thus expanding the scope of this provision.
3.Expanding the Definition of "Life": The Court broadened the meaning of "life" under Article 21 to include the right to live with dignity, encompassing various aspects such as health, environment, and living conditions.
D] Unique Points:
1.Incorporation of Natural Justice: The concept of "procedure established by law" now incorporates the principles of natural justice, ensuring fair and impartial decision-making.
2.Right to Legal Aid: The Supreme Court has recognized the right to legal aid as an essential component of Article 21, ensuring access to justice for all, especially for the underprivileged.
E] Case Laws:
1.Olga Tellis v. Bombay Municipal Corporation (1985): In this case, the Court held that the right to livelihood is an integral part of the right to life under Article 21.
2.Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981): The Court, in this case, declared that the right to free medical treatment is an aspect of the right to life under Article 21.
F] Evolution and Impact on Criminal Law:
1.Right to Speedy Trial: The evolving interpretation of Article 21 has led to the recognition of the right to a speedy trial, ensuring that individuals are not subjected to prolonged delays in criminal proceedings.
2.Safeguards against Custodial Violence: The concept of "procedure established by law" has led to the establishment of safeguards against custodial violence and torture, protecting the rights of detainees.
3.Protection of Fundamental Rights of Prisoners: The scope of Article 21 has been extended to safeguard the fundamental rights of prisoners, ensuring humane treatment and access to basic amenities.
G] References:
- Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225.
- Maneka Gandhi v. Union of India (1978) 1 SCC 248.
- Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545.
H] Conclusion:
The concept of "procedure established by law" under Article 21 has evolved significantly since the inception of the Indian Constitution. Initially, it was narrowly interpreted as a procedural safeguard, but with landmark judgments like Maneka Gandhi, the judiciary expanded its scope to include principles of natural justice and substantive fairness. This evolution has had a profound impact on criminal law, guaranteeing rights such as the right to legal aid, the right to speedy trial, and safeguards against custodial violence. The concept of Article 21 has become a bulwark for protecting the fundamental rights and liberties of individuals in the Indian legal system. As society and legal principles continue to evolve, the interpretation of Article 21 will likely continue to evolve, ensuring that it remains a cornerstone in upholding justice, dignity, and human rights in the country.
Thank you for reading!
Thank you for reading!
Tags :
Constitutional Law of India
Post a Comment