|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