The Anomaly in Article 21: Right to Life with a Catch
constitutional judiciary beginner reform_ideaArticle 21 of our Constitution says that no person shall be deprived of his life or personal liberty except according to procedure established by law. Sounds simple, but in reality, this provision has a major loophole. If you're arrested and languish in jail for years, the courts can order your release citing Article 21. But if you're convicted, you can still be kept behind bars. In the landmark case of Bhagwati v. State of M.P (1975), the Supreme Court held that a wrongly accused person has a right to life, but what about the wrongly convicted ones? The law is clear that a prisoner's life is not sacrosanct. It's time to reform this provision to include the right to a speedy and fair trial, and not just the right to life. Otherwise, the anomaly stays.
Bhai, this anomaly in Article 21 is a burning topic! On one hand, we have the sacred right to life, but on the other, we have clauses like 'reasonable restrictions' for the greater good. It's like, how can we justify capital punishment or limiting the right to life in case of national security? Time to think, time to debate!