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The Maneka Gandhi Revolution: Transforming Article 21 And Redefining Fundamental Rights In India




Noorin Jahan, LLM, IILM University, Greater Noida


ABSTRACT


The judgment Maneka Gandhi V. Union of India case of 1978 was a crucial landmark judgement for Indian constitutional jurisprudence, importantly broadened the interpretation/ scope of Right To Life and Personal liberty (Article 21) and Unveiling the concept of due process to regulate legal system in Indian.


In this judgement Supreme Court held that, any law or procedures if depriving the personal liberty of an individual then it should be just, reasonable and fair, should not be arbitrary parallel with the principles of natural justice. And this ruled is also overruled the decision of A.K Gopalan 1950 where it was established that Article 21 of Indian Constitution has limited interpretation. The case not only overruled the A.K Gopalan but Supreme court also established the Golden Triangle Principle of “articles 21, 19, 14” of Indian Constitution. Which collectively strong the framework for protecting the individual liberties. The Maneka Gandhi case through establishing the procedural fairness and substantive justice, placed a transformative precedent and expanded the scope of judicial review for checking the compliance of executive organ with constitution. And reinforcing the Doctrine of basic structure against amendments like 42 amendment. Ruling of this case not just set significant precedent but also wider the scope of interpretation of article 21 of Indian Constitution and established due process adherence, and principle of non arbitrary, reasonableness must be take into consideration while limiting the fundamental rights in exceptional circumstances. And broaden the scope of judiciary’s role in protecting Fundamental rights.


This research paper studies on the significance and impacts of judicial process and how judiciary exercise its judicial instrument for adjudication and doctrinal expansion, pivotal principles, its role in redefining the Article 21, infusion of principle of natural justice, and how judicial process plays an crucial role in safeguarding the fundamental rights in india’ legal framework. And how judicial process instruments helps in shifting from passive legal interpretation to proactive rights enforcement- particularly in case of emergency context. And how judiciary reimagining the fundamental rights under article 14,19,2.


Keywords: Articles 14, 19, 21, COI, Instruments of judicial process , , fundamental rights etc.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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