Fundamental Rights

Enforcement Of Fundamental Rights Including Under Articles 19/21 Against Non- State Actors

The Constitution Bench of the Supreme Court in Kaushal Kishore vs State of Uttar Pradesh unanimously held that “a fundamental right under Article 19/21 can be enforced even against persons other than the State or its instrumentalities”. The court also observed as follows: The rights conferred by Articles 15(2)(a) and (b), 17, 20(2), 21, 23, …

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Article 21 Fundamental Right Of Foreigners

Hans Muller Of Nurenburg vs Superintendent, Presidency Jail 1955 AIR 367, 1955 SCR (1)1284 : Article 21 guarantees the protection of personal liberty to citizen and foreigner alike. No person can be deprived of his personal liberty “except according to procedure established by law”,  Louis De Raedt v. Union of India [1991] 3 SCC 554 : The fundamental right of the foreigner …

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