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right of locomotion and travel abroad and under Art. 21 no
person can be deprived of his right ... within the meaning of that expression as used in Art. 21 and
no one can be deprived of this right
Supreme Court of India
President's Order
suspending rights under Arts. 21 and 22-Right to move
Supreme Court under Art. 32-Effect ... court for the enforcement of the rights conferred by Arts. 21
and 22 shall remain suspended for the period during
Supreme Court of India
preventive deten-
tion--Scope and applicability of Art.. 21--"Law," "proce-
dure established by law," meanings of--Whether include rules ... natural justice--Construction of Art. 21--American deci-
sions on "due process of law," value of-Omission to provide
objective
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help the judicial
process here. The full potential of Arts. 21, 19 & 14 after
Maneka Gandhi has been unfolded ... wider sense and cannot be sustained unless Art.
21 is satisfied. There must be a corrective legal procedure,
fair
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part dealing with domiciliary visits was violative of
Art. 21
333
of the Constitution and as there ... Personal liberty' within the meaning of Art. 21. In
dealing with a fundamental right such as the right to free
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invalidation. But apart from Art. 22, there is
also Art. 21 which lays down restrictions on the power of
preventive ... constricted meaning was given to the guarantee embodied in
Art. 21 and that article was understood to embody only that
Supreme Court of India
SC1522 (3)
RF 1975 SC1193 (21 ... Doubts) Act, 1955 (32 of 1955) -Constitution of India, Arts.
19(1) (f), 31, 31A.
HEADNOTE:
These petitions
Supreme Court of India
statute.
Maxims:
(1) Expression Facit cessare tacitum"-
Applicability to Art. 21 of the Constitution.
(ii) Ut res magis valeat quam ... which plea was available to them under. Art. 21 of the
Constitution only and in view of the Presidential order
Supreme Court of India
explained.
Words and Phrases "procedure established by law" in
Art.. 21 of the Constitution, explained-"Fair Procedure"
ingredients of.
Punishment ... Court
^
HELD: l. Freedom is what freedom does. In Art. 21 of
the Constitution the guarantee of the personal liberty
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offences by Court Martial
must satisfy the requirement of Art. 21 because to the
extent the procedure is prescribed ... stands
in derogation of Art. 21 to that extent, Art. 21 in its
application to the Armed forces is modified
Supreme Court of India
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