Page 18 - Constitution

70 Years of Indian Years of Indian

Constitution
Constitution

In my opinion, the most unique right as
importance of fundamental rights, as intended by them.
There are six Fundamental Rights, enshrined in our enshrined in our constitution is Article 21 which
states that “no person shall be deprived of his
Constitution are:
life or personal liberty except according to the
Right to equality (Articles 14-18) procedure established by law.”

The right to equality includes equality before the law, the
prohibition of discrimination on grounds of religion, race,
b) The law must fall squarely within one or more heads of
caste, sexual orientation, gender identity and/or place of
restrictions specified in Article 19(2).
birth, equality of opportunity in matters of employment,
c) The restriction must be reasonable. It must not be
the abolition of untouchability and abolition of titles. It has
excessive or disproportionate. The procedure and the
to be borne in mind that equality before law and equal
manner of imposition of the restriction also must be just,
protection of the law never bars reasonable classification.
fair and reasonable.
It emphasizes that amongst equals law should be
equal. Whether classification is reasonable or not has 3 That the freedom of speech and expression transcends
been illuminated by Hon’ble Apex Court in a catena of geographical boundaries, is another facet of this
judgments. principle as laid down by the Hon’ble Apex Court in
Maneka Gandhi vs. Union [AIR 1978 SC 597].
Right to Freedom (Articles 19-22)
4 The value of liberty of an individual has been given
1 The true spirit of this right can be reflected from the
the utmost importance in our Constitution. While
words of Hon’ble Chief Justice Patanjali Sastri as he
Article 20 guarantees that no man can be compelled
observed in Romesh Thapar v. State of Madras [AIR
to give evidence against himself and no person can
1950 SC 124], “Freedom of speech and of the press
be prosecuted and punished for the same offence
lay at the foundation of all democratic organizations, for
twice under the doctrine of double jeopardy, Article 21
without free political discussions no public education,
secures life and personal liberty of an individual. Our
so essential for the proper functioning of the process of
Constitution makes a special provision in Article 22 with
popular government, is possible.”
respect to procedure to be complied in case of Arrest
2 The Right of freedom can be restricted provided three and detention.
distinct and independent pre-requisites are satisfied:
5 In my opinion, the most unique right as enshrined in our
a) Freedom of expression cannot be curtailed by executive constitution is Article 21 which states that “no person
orders or administrative actions which lack the sanction shall be deprived of his life or personal liberty except
of law. according to the procedure established by law.” The
term ‘life’ is something more than mere animal existence.

18 70 Years of Indian Constitution