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The Aspects and Provisions of Personal Liberty under Article 21 of the Constitution of India – A Detailed Study

Swapnil Pattanayak
Student of Law, Amity University
Chhattisgarh, India

Volume II – Issue IV, 2019

The Preamble of the Constitution of India guarantees to every citizen, liberty. The idea of liberty refers to the freedom on the activities of Indian nationals. The right to personal liberty is one of the most fundamental human rights as it affects the vital elements of an individual’s physical freedom. Life without liberty is unthinkable. Who wants to live at the end of another’s leash, fearing at every turn? The trinity i.e. liberty, equality and fraternity always blossoms and enlivens the flower of human dignity. One of the gifts of democracy to mankind is the right to personal liberty. Life and personal freedom are the prized jewels under Article 19 conjointly assured by Articles 20(3), 21 and 22 of the Constitution and Article 19 ensures freedom of movement. The concept of personal liberty is not a simple or isolated issue. Its protection through law inevitably conflicts with other important values.

Thus, in this paper, the author tends to throw light on the current mentioning of personal liberty in the Constitution of India. Also, the author, through various judicial precedents, will talk about how far have we come, in the light of providing justice to every citizen of India.

Keywords: Personal Liberty, Preamble, Constitution of India, Article 21 of the Constitution of India

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