Artilce 21

Shree. (Querist) 21 June 2009 This query is : Resolved
What does the term "Procedure established by law" as enshrined in the Art. 21 of the
Constitution of India have in its ambit?

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KANDE VENKATESH GUPTA (Expert) 21 June 2009
The "procedure established by law" under the Art.21 of the Constitution of India, means interference with the life of the citizen by authority of law i.e., police offcer conducting investigation if necessary can arrest the citizen and get him remanded to judicial custody. That means, the interference into one's life must be supported by the authority of the statutes and such interference must be in discharge of the official duties.

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N.K.Assumi (Expert) 22 June 2009
Simply put, the word Law in article 21 means a State made law and not in abstract sense like the natural justice. It means the procedure established and prscribed by the law of the state. For deatils of the meaning of procedure established by Law see the classic case of Gopalan vs state of Madras AIR 1950 Supreme Court 27.

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Swami Sadashiva Brahmendra Sar (Expert) 22 June 2009
I agree with Mr Assumi. see also, Maneka Ganghi case.

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