What exactly the difference between the word "Liberty" which is provided in the U.S. Constitution and the word "Personal Liberty" in the Indian Constitution under Art.21?
Pruthvi Nath (Student) 01 August 2016
What exactly the difference between the word "Liberty" which is provided in the U.S. Constitution and the word "Personal Liberty" in the Indian Constitution under Art.21?
Democratic Indian (n/a) 02 August 2016
Originally posted by : PRUTHVI NATH | ||
What exactly the difference between the word "Liberty" which is provided in the U.S. Constitution and the word "Personal Liberty" in the Indian Constitution under Art.21? |
Liberty or any fundamental right for that matter cannot be "provided" or "given" by any government document like Constitution. Constitutions merely guarantee the existing fundamental rights/ fundamental human rights from violation.
Practically not much difference except that it may create needless confusion. Liberty can be said to be made of "Personal Liberty" and "Commercial Liberty" by some. Again this can be a matter of never ending debate. For purpose of regulation, taxation etc. commercial freedom/ liberty has been elaborated in detail in Part XIII of the Constitution that talks of trade, commerce and intercourse. Article 301 in Part XIII says that subject to other provisions of Part XIII, trade, commerce and intercourse throughout the territory of India shall be free. It means trade, commerce and intercourse related freedoms/ liberties will be maximum and restrictions will the the barest minimum. Article 307 in Part XIII talks about creating licensing authorities to tax and regulate commercial activities/ commercial freedoms and liberties in least restrictive manner. You may read the following link to get more idea about this https://www.lawyersclubindia.com/forum/Objections-against-proposed-arms-rules-2015-121734.asp
dr g balakrishnan (advocate/counsel supreme court) 02 August 2016
Liberty is inherent right no government provides or taken from govt is absolute thoough so it is completely fundamental right.
Pruthvi Nath (Student) 02 August 2016
Thank u Sir
Ms.Usha Kapoor (CEO) 22 August 2016
Liberty means a right enjoyed by an individual without coercion or and out of his free will.On the other hand personal liberty as enunciatedunder Indian Constitution is contained in Art 19 nd article 21 freedom to enjoy these fundamnetal rights if someone especially state or other government authorities or sometimes a Private individual wrongfully confines a person under his custody when someone or his relaative mayfile writ of Habeas xcorpus to HighCourt/Suporeme Court which orders that person/or these authorities to produce that person illegally dettained by them including the private person to produce befoe the couert and set his illegal detention and release from custody.
Ms.Usha Kapoor (CEO) 22 August 2016
Liberty means a right enjoyed by an individual without coercion or and out of his free will.On the other hand personal liberty as enunciatedunder Indian Constitution is contained in Art 19 nd article 21 freedom to enjoy these fundamnetal rights if someone especially state or other government authorities or sometimes a Private individual wrongfully confines a person under his custody when someone or his relaative mayfile writ of Habeas xcorpus to HighCourt/Suporeme Court which orders that person/or these authorities to produce that person illegally dettained by them including the private person to produce befoe the couert and set his illegal detention and release from custody.
Ms.Usha Kapoor (CEO) 22 August 2016
Liberty means a right enjoyed by an individual without coercion or and out of his free will.On the other hand personal liberty as enunciatedunder Indian Constitution is contained in Art 19 nd article 21 freedom to enjoy these fundamnetal rights if someone especially state or other government authorities or sometimes a Private individual wrongfully confines a person under his custody when someone or his relaative mayfile writ of Habeas xcorpus to HighCourt/Suporeme Court which orders that person/or these authorities to produce that person illegally dettained by them including the private person to produce befoe the couert and set his illegal detention and release from custody.