A Study Of The Judicial Trend Of Fundamental Right To Life And Personal Liberty And Preventive Detention Vis-À-Vis Francis Coralie Case
Ayush Johri, Advocate, The Gujarat High Court, Ahmedabad
ABSTRACT
The Article is a study of the development of the constitutional aspects of the fundamental right to life and personal liberty as stated under Article 21 of the Constitution of India and preventive detention vis-à-vis case of Francis Coralie Mullin v Union Territory of Delhi and Others1. By said case, the Hon’ble Supreme Court of India had dealt with various issues such as whether any of the fundamental rights of the detenue are violated by of the conditions of Detention Order so as to result in their invalidation wholly or in part, what is the true scope and ambit of the right to life guaranteed under Article 21, whether right to life is limited only to protection of limb or faculty or does it go further, whether a person preventively detained in a prison has any fundamental rights which he can enforce in a court of law? Thereafter, the Hon’ble Supreme Court of India by various cases further interpreted said issues vis-à-vis the provisions of the Constitution of India. This Article studies the issues raised, arguments advanced, decision of the Francis Coralie case, its legal interpretation in cases thereafter and the ambit of just, fair and reasonable approach while interpreting Article 14 and 21 of the Constitution of India. ”
