Courts are prioritizing Article 21’s protection of life and liberty

Source: The post courts are prioritizing Article 21’s protection of life and liberty has been created, based on the article “With recent decisions, Supreme Court has deepened constitutional idea of personal liberty” published in “Indian Express” on 21st September is 2024

UPSC Syllabus Topic: GS Paper2- Polity- Constitution of India —historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context: The article discusses recent Supreme Court decisions that emphasize the importance of personal liberty and the right to bail. It highlights how courts are prioritizing Article 21’s protection of life and liberty over restrictive laws like UAPA and PMLA.

For detailed information on Significance of due process of law read this article here

What was the historical debate in the Constituent Assembly about Article 21?

1. K. M. Munshi, in the debate of the Constituent Assembly, argued that due process should protect life and liberty.
2. He believed that these rights should not depend solely on ordinary laws.
3. He received support from others like K T Shah, Bakshi Tek Chand, and Purnima Banerji.
4. This debate was crucial for shaping the right to life and personal liberty in the Constitution.

How are courts prioritizing Article 21’s protection of life and liberty over restrictive laws like UAPA and PMLA?

1. The Supreme Court, in July, ruled that under strict laws like UAPA, a prolonged trial cannot justify keeping an accused in custody indefinitely.
2. In this case, Justices J B Pardiwala and Ujjal Bhuyan invoked Article 21 to affirm that life and liberty are sacrosanct, stating that no law can sanction permanent detention without trial.
3. Similarly, in a case under the Prevention of Money Laundering Act (PMLA), Justices B R Gavai and K V Viswanathan declared that the right to life and liberty is a higher constitutional right than statutory provisions.
4. Both decisions emphasized that due process and personal liberty cannot be overruled by strict bail provisions.
5. This judicial trend revives the pro-bail principle, asserting that bail should be the rule, not the exception.

Question for practice:

Examine how recent Supreme Court rulings have reinforced the protection of life and liberty under Article 21, particularly in cases involving restrictive laws like UAPA and PMLA.