upsc race 04 May 2020

Is bail a fundametal right (article 21)?

Is bail a part of right to. life and personal. liberty.?

Quick Summary

This discussion delves into whether bail constitutes a fundamental right guaranteed by Article 21 of the Indian Constitution, which protects life and personal liberty. It highlights that denying bail infringes upon personal liberty, and courts often interpret bail cases through the lens of Article 21. While the principle of 'bail is the rule, jail is the exception' is acknowledged, the reality for many poor undertrial prisoners is that a lack of funds prevents them from accessing bail, raising questions about the practical application of Article 21.

3 Replies

Archit Uniyal 04 May 2020

HI,

Article 21 is more important than other rights mentioned in Articles 19-20 and 22 of the Constitution. Such right guarantees everyone in the territory of India, life with all the freedom to enjoy one’s life and liberty. The main interpretation of this article infers that when the bail is denied then the personal liberty of an accused is refused. Hence, when a large number of bail cases come to the higher court, the court interprets them in the light of Article 21.

In Moti Ram and Ors. v State of M.P, Justice Krishna Iyer demanded that the judges should be more inclined towards bail and not jail.

I hope this solves your query.

Regards,
Archit

1 Like

upsc race 04 May 2020

Thank you that's why it is said in criminal justice system bail is rule and jail is exception but i m surprised to listen that many undertrail prisoners are still in jail due to Paucity of money.