Legal Article

Personal Liberty: The Indian Constitution & The Supreme Court’s Vigil

Shivendra Pratap Singh


High Court Lucknow


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Published on: 3 Aug, 2023

In the vast mosaic of rights that the Indian Constitution guarantees its citizens, personal liberty stands out as a beacon of individualism and freedom. Rooted deeply in Article 21 – “No person shall be deprived of his life or personal liberty except according to the procedure established by law” – the concept of personal liberty has seen a profound expansion and interpretation by the Indian Supreme Court over the years.

Understanding Personal Liberty in the Constitution

While ‘life’ and ‘personal liberty’ are juxtaposed, they are distinct. Personal liberty broadly refers to the absence of undue or unjustifiable restraint on an individual’s freedom of action and decision. The Constitution, through Article 21, ensures that any curtailment of this right must be backed by a just, fair, and reasonable law.

The Supreme Court’s Shielding Stance on Personal Liberty

  1. Expanding the ‘Procedure Established by Law’:
    • In Maneka Gandhi vs. Union of India (1978), the Supreme Court held that the ‘procedure established by law’ must not just be any procedure but one that is just, fair, and reasonable. This fortified the protection surrounding personal liberty, ensuring that any deprivation isn’t arbitrary.
  2. Liberty and Detention:
    • The case of Habeas Corpus (ADM Jabalpur vs. Shivakant Shukla, 1976), although criticized for its stance during the Emergency, brought focus on personal liberty in detention matters. Later judgments emphasized that detention must strictly follow the legal procedure, ensuring safeguards against arbitrary detentions.
  3. Right to Privacy:
    • The landmark judgment in K.S. Puttaswamy vs. Union of India (2017) underscored that the right to privacy is intrinsic to life and personal liberty. This means individuals have control over their personal data, choices, and body, which cannot be infringed upon unless by a justifiable law.
  4. Right to Travel Abroad:
    • In Satwant Singh Sawhney vs. D. Ramarathnam (1967), the Supreme Court declared that the right to travel abroad is a part of an individual’s personal liberty.
  5. Rights of Transgenders:
  6. Right Against Torture and Assault:
    • In D.K. Basu vs. State of West Bengal (1997), the Court outlined detailed guidelines to prevent the torture of individuals in police custody, protecting their personal liberty against any form of brutality.
  7. Right to Reputation:
    • The Supreme Court in Subramanian Swamy vs. Union of India (2016) emphasized that the right to reputation is a facet of personal liberty protected under Article 21.


From the corridors of the Supreme Court to the corners of the Constitution, personal liberty finds itself not just enshrined but exalted. As society evolves and new challenges emerge, the scope of personal liberty is likely to undergo further interpretations. Yet, its foundational essence, as seen through the vigilant lens of the judiciary, remains unwavering: that every individual has the right to a life of dignity, choice, and freedom from unwarranted restraints.