Live Law

2019-11-14 06:54:04.0

  • We look at the pith and substance for 19(1)(a) and 21. Law is required.

    J. Mishra - Due process of law doesn’t mean that there has to be a law.

    AG - Take 21 alone. Kharak Singh says that you can’t curtail freedom of movement. There has to be a statutory law.

    J. Mishra - It’s not dependant on statutory law alone. It’s an independent right. Due process of law is an additional facet. A reasonable process. It doesn’t mean that there has to be an enacted law.

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