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Constitutional Law 11
Constitutional Law 11
ASSIGNMENT
ANAND GEO
1850508
5 BBA LLB B
BRIEFLY EXAMINE THE NEW HORIZONS OF ARTICLE 21 POST MANEKA
GANDHI V UNION OF INDIA (AIR 1978 SC 597) DECISION.
Maneka Gandhi’s case is not only a landmark case for the interpretation of Article 21 but it
also gave an entirely new viewpoint to look at the Chapter III of the Constitution. Prior to
Maneka Gandhi’s decision, Article 21 guaranteed the right to life and personal liberty only
against the arbitrary action of the executive and not from the legislative action. Broadly
speaking, what this case did was extend this protection against legislative action too.
CONCLUSION
Hence to conclude, it may be said that Maneka Gandhi’s case, gave the term ‘personal
liberty’ widest possible interpretation and gave effect to the intention of the drafters of the
Constitution. This case, while adding a whole new dimension to the concept of ‘personal
liberty’, extended the protection of Art. 14 to the personal liberty of every person and
additional protection of Art. 19 to the personal liberty of every citizen.