Personal Liberty After Independence

PERSONAL LIBERTY AFTER

INDEPENDE NCE K.G. Kannabiran

Nehru described the advent of 15th August as our “tryst with destiny” . The Madras government released all its prisoners on that day except A.K Gopalan. He was produced before ADM Calicut on a charge of sedition for stirring up the people against his majesty. However, A.K. Gopalan was released on Oct 12, 1947, only to be arrested on December,17 under Preventive Detention Law.

When Gopalan sent a petition from jail to the Supreme Court, his detention was brought under the Preventive Detention Act, 1950. The violation of Gopalan’s personal liberty was described as a restriction of his freedom of movements, which violates Article 19.

Art. 21 was a blank cheque to the executive

Art. 21 No person shall be deprived of his life or personal liberty except procedure established by the law . What is the meaning of the expression “procedure established by law” ? It has been judicially interpreted as a procedure which Is reasonable, fair and just. Judicial interpretation means interpretation given by a

Ambedkar was also not also able to assert his Confidence in the judges who formed the courts. Article 15(A) was introduced, which is now art. 22. Which says : Art. 22

Nobody can be held in detention for more than 24 hours without being produced before the nearest magistrate. The person arrested has a right to

CONSTITUTION A constitution is a political document which gives Legal discontent to a set of pre-existing rights, Secured politically by people’s struggle. Rights have always been acquired, never granted.

Preamble We the people of India, having solemnly resolved to

• Art. 13(2) • The sate shall not make any law which gives away or Abridges the rights conferred by this Part and any law made in Contravention of this clause shall, to the extent of this Contravention, be void.

Both the govt. and the court ignored the value of the Principles of governance set out in part IV of the Constitution.

Art. 37 The provisions contained in this part, while not enforceable by any court, nevertheless it shall be the duty of the state to apply the principles contained therein, when making laws. Art. 38 The state shall strive to promote the welfare of the people

According to Anatole France : “Justice is the means by which established injustices are sanctioned”

Art. 352 The President can declare emergency when he is satisfied that a grave emergency exists whereby the security of India or any part of the territory is threatened by war or external aggression or “internal disturbance”

Art. 359 Suspension of the Enforcement of the Rights Conferred by Part III during Emergencies. Articles that are suspended 14 - Equality before Law 22 - Free speech, expression, freedom of assembly and Association 21 – Protection of Life and Personal Liberty 22 – Protection against arbitrary arrest and

Thus we find the court saying in Makhan Singh: The right to challenge the validity of the Statue On the ground that it contravenes the fundamental rights of the citizens has accrued to the citizens of this country only after and as a result of the Provisions of the Constitution itself…

Non-elected judges are chosen as the persons to uncover legislative intent. By what mechanism do they achieve this? There is no dearth of instances to demonstrate that the overtly social purposes of

A people struggling against oppressive forms of governance will, in the process, become well versed in politics and the law. The first right a people under tyranny exercise is associational freedom, which alone gives them the capacity to articulate their

EVERYTHING HAS BEEN SAID ALREADY; BUT AS NO ONE LISTENS, WE ANDRE GIDE