THREADBrowse · 7 entries, read in order

Liberty and due process

How "procedure established by law" came to mean a fair procedure, and what was lost on the way.

01
Encyclopedia · Concept
Procedure Established by Law
The phrase chosen over "due process" in Article 21, what the framers meant by it, and how it came to require fairness after 1978.
Wanted
02
Encyclopedia · Concept
Personal Liberty
The reach of "personal liberty" in Article 21, from freedom from physical restraint to a residue of unenumerated freedoms.
Wanted
03
Review · Lineage
From Gopalan to Maneka
How Article 21 moved from any procedure enacted by law to a procedure that is fair, just and reasonable, by way of the bank nationalisation case.
Wanted
04
Review · Dissent
Fazl Ali J. in A.K. Gopalan
The dissent that fundamental rights overlap and that "procedure established by law" includes natural justice, adopted twenty-eight years later.
Wanted
05
Review · Dissent
Khanna J. in ADM Jabalpur
The lone opinion that the right to life does not depend on Article 21 and survives its suspension; what it cost its author and how it was vindicated.
Wanted
06
Encyclopedia · Concept
Habeas Corpus
The writ that tests the legality of a detention: who may ask for it, against whom, and what the court examines.
Wanted
07
Proposals · Lacuna
No Compensation for Wrongful Prosecution
An acquitted person who spent years in custody has no statutory claim; relief depends on a writ court’s discretion.
Wanted