cpc

difference between 'liberty' and 'personal liberty'


What exactly the difference between the word "Liberty" which is provided in the U.S. Constitution and the word "Personal Liberty" in the Indian Constitution under Art.21?

 
Reply   
 

Originally posted by : PRUTHVI NATH
What exactly the difference between the word "Liberty" which is provided in the U.S. Constitution and the word "Personal Liberty" in the Indian Constitution under Art.21?

Liberty or any fundamental right for that matter cannot be "provided"  or "given" by any government document like Constitution. Constitutions merely guarantee the existing fundamental rights/ fundamental human rights from violation.

 

Practically not much difference except that it may create needless confusion. Liberty can be said to be made of "Personal Liberty" and "Commercial Liberty" by some. Again this can be a matter of never ending debate. For purpose of regulation, taxation etc. commercial freedom/ liberty has been elaborated in detail in Part XIII of the Constitution that talks of trade, commerce and intercourse. Article 301 in Part XIII says that subject to other provisions of Part XIII, trade, commerce and intercourse throughout the territory of India shall be free. It means trade, commerce and intercourse related freedoms/ liberties will be maximum and restrictions will the the barest minimum. Article 307 in Part XIII talks about creating licensing authorities to tax and regulate commercial activities/ commercial freedoms and liberties in least restrictive manner. You may read the following link to get more idea about this http://www.lawyersclubindia.com/forum/Objections-against-proposed-arms-rules-2015-121734.asp

 
Reply   
 


advocate/counsel supreme court

Liberty is inherent right no government provides or taken from govt is absolute thoough so it is completely fundamental right.

 
Reply   
 

Thank u Sir smiley

 
Reply   
 
CEO

Liberty  means a right enjoyed by an  individual without coercion or and out of his free will.On the other hand personal liberty as enunciatedunder Indian Constitution is contained in Art 19 nd article 21 freedom to enjoy  these fundamnetal  rights if someone especially state or other government authorities or sometimes a  Private individual wrongfully  confines a person under his custody when someone or his relaative mayfile writ of Habeas xcorpus to  HighCourt/Suporeme Court  which  orders that person/or these authorities to produce that person illegally dettained by them including the private person to produce befoe the couert and set his illegal detention and  release from  custody.

 
Reply   
 
CEO

Liberty  means a right enjoyed by an  individual without coercion or and out of his free will.On the other hand personal liberty as enunciatedunder Indian Constitution is contained in Art 19 nd article 21 freedom to enjoy  these fundamnetal  rights if someone especially state or other government authorities or sometimes a  Private individual wrongfully  confines a person under his custody when someone or his relaative mayfile writ of Habeas xcorpus to  HighCourt/Suporeme Court  which  orders that person/or these authorities to produce that person illegally dettained by them including the private person to produce befoe the couert and set his illegal detention and  release from  custody.

 
Reply   
 
CEO

Liberty  means a right enjoyed by an  individual without coercion or and out of his free will.On the other hand personal liberty as enunciatedunder Indian Constitution is contained in Art 19 nd article 21 freedom to enjoy  these fundamnetal  rights if someone especially state or other government authorities or sometimes a  Private individual wrongfully  confines a person under his custody when someone or his relaative mayfile writ of Habeas xcorpus to  HighCourt/Suporeme Court  which  orders that person/or these authorities to produce that person illegally dettained by them including the private person to produce befoe the couert and set his illegal detention and  release from  custody.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x