For Liberty, By Law

• On December 6, 1948, the Constituent Assembly engaged in a fervent debate on one of the Constitution's most critical guarantees — the right to life and personal liberty under Article 21. K M Munshi, in a compelling speech, argued for the inclusion of due process protections for life and liberty, emphasizing that such rights should never be compromised by ordinary laws.
• This vision found support from figures like K T Shah, Bakshi Tek Chand, and Purnima Banerji.
• Fast forward to 2024, this vision seems to be materializing through significant judicial pronouncements by the Supreme Court (SC), which have reinforced the sanctity of due process rights under Article 21.

Landmark Judgments Upholding Article 21:

• In July, a division bench of the Supreme Court comprising Justice J B Pardiwala and Justice Ujjal Bhuyan examined whether an accused person is entitled to bail even under stringent laws like the Unlawful Activities (Prevention) Act (UAPA) if their trial is unduly delayed.
• The Court, invoking Article 21, declared that an accused cannot be indefinitely kept behind bars, regardless of the seriousness of the charges, as prolonged custody infringes on the right to life and personal liberty.
• The SC emphasized that constitutional courts possess supreme discretion to grant bail, even if restrictive statutory provisions exist.
• In a similar vein, last month, another bench of Justices B R Gavai and K V Viswanathan reaffirmed this principle while adjudicating bail under the Prevention of Money Laundering Act (PMLA).
• The Court emphasized that statutory provisions must align with the "higher constitutional edict" of the right to life and personal liberty, underscoring that no statute should override fundamental rights.

Restoring the Pro-Bail Jurisprudence:

• These recent judgments mark a revival of a principle deeply embedded in Indian constitutional jurisprudence — “bail is the rule, and jail is the exception.” This principle, once championed by luminary Justices like Krishna Iyer, posits that personal liberty should be preserved, and custody should only be justified under compelling circumstances.
• Over time, stringent laws like the PMLA and UAPA created obstacles that made securing bail extremely difficult. However, these judgments have begun to restore the pro-bail approach, ensuring that the courts uphold the Constitution's fidelity while balancing the demands of special laws.

Vindicating the Vision of the Founding Fathers:

• Although Article 21 doesn't explicitly mention due process rights, the Supreme Court's recent decisions echo the ideals that members of the Constituent Assembly advocated for.
• These rulings reflect the triumph of due process rights and fundamental freedoms envisioned by the founding mothers and fathers of the Indian Constitution.
• As India celebrates the 75th anniversary of the adoption of the Constitution, the renewed emphasis on due process provides a powerful reassurance of the commitment to protecting personal liberty in a democratic society.