In today's episode, we delve into one of the most crucial articles of the Indian Constitution—Article 21. This article has been the center of the famous debate between "Procedure Established by Law" and "Due Process of Law". We also explore Article 22, which pertains to arrests and Preventive Detention—issues that became highly significant during the Emergency of 1975.
During the Emergency, thousands of individuals were subjected to preventive detention under the Maintenance of Internal Security Act (MISA), leading to their imprisonment for almost 19 months. The government made the MISA law extremely harsh and placed it in the Ninth Schedule, attempting to shield it from judicial review. This led to the famous "Habeas Corpus Case" or ADM Jabalpur v. Shivkant Shukla, which severely impacted the reputation of the Supreme Court at the time. Interestingly, the Supreme Court overturned this decision in 2017.
Dr. Vikas Divyakirti breaks down these constitutional disputes in this detailed episode of Concept Talk. He aims to bring clarity to this significant chapter of India's constitutional history and encourage a deeper interest in constitutional studies.
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#Article21 #PreventiveDetention #HabeasCorpus #ConstitutionalLaw #MISA #Emergency1975 #DueProcessOfLaw #ADMJabalpur #VikasDivyakirti #IndianConstitution #ConceptTalk