Article 21 Protection of life and Personal liberty Article-21 of the constitution says that, “No person shall be deprived of his life or personal liberty except according to the procedure established by law. Article-21was taken from Magna Carta in 1215 and from the 5th Amendment of American constitution. Article-21 is inspired by the American constitution which says that, “No person shall be deprived of his life or personal liberty except by the Due Process of law. Sir Krishna Ayer swami supported the procedure established by law because it was procedural and executive till 1978. In AK Gopalan V State of Madras (AIR-1950, SC-27) AK Gopalan was detained under the Prevention Detention Act 1950; he challenged the validity of the act before the Supreme Court. The Supreme Court interpreted the word “Liberty” and upholds the validity of the act. In Menaka Gandhi V Union of India (AIR-1978, SC-597) (Reasonable – J/F/R) Menaka Gandhi’s passport was impounded by the government. She challenged t...
B.A. LL.B (Advocate)