Sunday, June 18, 2006

When Were Unenumerated Rights First Discovered in Article 21?

I found this statement today in P.L. Lakhanpal v. Union of India (AIR 1972 Del.), a judgment by Justice V.S. Deshpande. Does this mean that the expansive view of Article 21 predates Menaka? If that is true, did our Courts adopt the concept of unenumerated rights even before Roe v. Wade in the United States?

After the construction of Article 21 of the Constitution by the majority in Satwant Singh Sawhney v. D. Ramarathnam, the personal liberties protected by Article 21 may be classified into two groups. In the first group would fall the right to be free from wrongful conefinement. In the second group would fall numerous otner personal liberties which are not expressly enumerated in Article 21 but which have been implied therein on the analogy of the 5th and 14th Amendments of the U.S Constitution. The right of a person to travel abroad and
the power of the Legislature and the Government to restrict that right fall in this group.

Post a Comment