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Case Comment: “M.P. Sharma V. Satish Chandra Case”




Kanav Bhargava, Symbiosis Law School, Hyderabad


ABSTRACT


We are proud of the Indian Constitution. It is the highest and no one in India, including the President, has any rights against this. The Indian Constitution is, however, the most prolix constitution in the world. It provides for certain fundamental rights to citizens and defines certain principles and policies to be followed by Government. This constitution is lengthiest among all others of its kind in the world. “Article 211” is considered as heart of constitution. In addition “Article 212” extends a wider meaning to “Right to Life and Personal Liberty”. Ascertaining which bodies fall under “Right to Life and Personal Liberty” so as to determine whom should take up responsibility becomes very crucial. “No person shall be deprived of his life or personal liberty except according to procedure established by law” mentions “Article 213”.This has implications not only for individual autonomy but also on various aspects such as “Right To Health And Medical Care, Right To Privacy, Right To Free Legal Aid, Right To Appeal, Right To Prisoners and Protection against arbitrary arrest and detention”. In India right to privacy forms part of an individual’s right guaranteed under “Article 21 of the Indian constitution4”. Its objective was through case law that focus was shed on privacy rights, freedom of speech, and self-incrimination within this paper.

Comments


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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