PHRASEOLOGICAL ANALOGY OF ARTICLE 21 OF THE CONSTITUTION OF INDIA
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Abstract
A high rising debate has always prevailed as to what would be the correct interpretation of the Article 21 of the Constitution of India. Today, it has been settled by various Landmark judgments passed by the Hon’ble Supreme Court of India. However, its journey has been uncommon. This article is about the journey of the phrase “procedure established by law” gaining its significance as the “due process of law”. The article consists of a historical reference of the choosing of the phrase, “procedure established by law”, a clear distinction between the two phrases, and how the interpretation and the distinction worked while pronouncing the judgment passed in Ak Gopalan Vs the State of Madras 1950. The topic regarding this seems common, but have been left unexplored, hence, a careful study about the journey to gaining the Right to Life and Liberty.
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