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Report No. 87

1.8. Article 21 of the Constitution-procedure established by law.-

Besides the above general consideration which emphasises the need to reconcile two conflicting interests, it is proper to mention that we have, in formulating our recommendations, borne in mind the developing law relating to the concept of "procedure established by Law" under Article 21 of the Constitution1.

Recent years have witnessed a judicial construction of this concept that adds a new dimension to the Article2. The effect of decisions of the Supreme Court-to state it very broadly-is that it is not enough that the action of the State conforms to the fundamental rights guaranteed by other provisions in Part III of the Constitution. State action must also satisfy the test of Article 21, and can be challenged if it restricts personal liberty in a manner that violates the requirement of "procedure" established by law, as construed judicially.

1. See Appendix 3.

2. See Appendix 3.

Identification of Prisoners Act, 1920 Back

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