web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Kharak Singh Vs The State Of U.P. and Others

Kharak Singh Vs The State Of U.P. & Others on 18 December, 1962

Posted on December 10, 2018 by ShadesOfKnife

In this landmark judgment from Hon’ble Supreme Court, it was held that “We have already extracted a passage from the judgment of Field, J. in Munn v. Illinois (1), where the learned judge pointed out that “life” in the 5th and 14th Amendments of the U. S. Constitution corresponding to Art. 21, means not merely the right to the continuance of a person’s animal existence, but a right to the possession of each of his organs-his arms and legs etc. We do not entertain any doubt that the word “’life” in Art. 21 bears the same signification.”

In our view cl. (b) of Regulation 236 is plainly violative of Art. 21’ and as there is no “law” on which the same could be justified it must be struck down as unconstitutional.

This petition raises a question of far-reaching importance. namely, a right of a citizen of India to lead a free life subject to social control imposed by valid law. The fact that the question has been raised at the instance of an alleged disreputable character shall not be allowed to deflect our perspective. If the police could do what they did to the petitioner, they could also do the same to an honest and law-abiding citizen.


Let us at the outset clear the ground. We are not concerned here with a law imposing restrictions on a bad character, for admittedly there is no such law. Therefore, the petitioner’s fundamental right, if any, has to be judged on the basis that there is no such law. To state it differently, what fundamental right of the petitioner has been infringed by the acts of the police? If he has any fundamental right which has been infringed by such acts, he would be entitled to a relief straight away, for the State could not justify it on the basis of any law made by the appropriate Legislature or the rules made thereunder.

Discussion around infringement of both Articles 19 and 21

At this stage it will be convenient to ascertain the scope of the said two provisions and their relation inter se in the context of the question raised. Both of them are distinct fundamental rights. No doubt the expression “personal liberty” is a comprehensive one and the right to move freely is an attribute of personal liberty. It is said that the freedom to move freely is carved out of personal liberty and, therefore, the expression “personal liberty” in Art. 21 excludes that attribute. In our view, this is not a correct approach. Both are independent fundamental rights, though there is overlapping. There is no question of one being carved out of another. The fundamen. tal right of life and personal liberty have many attributes and some of them are found in Art. 19. If a Person’s fundamental right under Art. 21 is infringed, the State can rely upon a law to sustain the action; but that cannot be a complete answer unless the said law satisfies the test laid down in Art. 19 (2) so far as the attributes covered by Art. 19 (1) are concerned. In other words, the State must satisfy that both the fundamental rights are not infringed by showing that there is a law and that it does amount -to a reasonable restriction. within the meaning of Art. 19 (2) of the Constitution. But in this case no such defence is available, as admittedly there is no such law. So the petitioner can legitimately plead that his fundamental rights both under Art. 19 (1) (d) and Art. 21 are infringed by the State.

 

Discussion around Article 21

We would, therefore, define the right of personal liberty in Art. 21 as a right of an individual to be free from restrictions or encroachments on his person, whether those restrictions or encroachments are directly imposed or indirectly brought about by calculated measures. If so understood, all the acts of surveillance under,Regulation 236 infringe the fundamental right of the petitioner under Art. 21 of the Constitution.

 

Kharak Singh Vs The State Of U.P. & Others on 18 December, 1962

Citation: 1963 AIR 1295, 1964 SCR (1) 332

Indiankanoon link: https://indiankanoon.org/doc/619152/


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Kharak Singh Vs The State Of U.P. and Others Landmark Case Legal Procedure Explained - Interpretation of Statutes PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Sandeep Pamarati | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
dir_ed

ED

Verified account @dir_ed ·
21 Aug

ED, Hydedrabad Zonal Office has conducted search operations at 07 locations in Hyderabad and Kadapa under PMLA, 2002 on 21.08.2026 in connection with Late Sh. Y S Vivekananda Reddy murder case. The search operations resulted in seizure of incriminating documents & digital

Reply on Twitter 2090770026018337278 Retweet on Twitter 2090770026018337278 129 Like on Twitter 2090770026018337278 292 X 2090770026018337278
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
deccanchronicle

Deccan Chronicle

Verified account @deccanchronicle ·
21 Aug

Kadapa: The Enforcement Directorate (#ED) conducted searches at six locations in #Kadapa and Hyderabad on Friday in connection with a money laundering probe linked to the murder of former Andhra Pradesh minister #YSVivekanandaReddy.

Reply on Twitter 2090632327265415528 Retweet on Twitter 2090632327265415528 1 Like on Twitter 2090632327265415528 1 X 2090632327265415528
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
parasharyayana

๐šฟ เฟ—เฅฅTrasรกdasyuเฅฅเฟ˜ ๐šฟ ๐‘–Œ๐‘–ผ Caแน‡แธฤซcaraแน‡aparฤyaแน‡a ๐“ƒ“

@parasharyayana ·
21 Aug

How is that I'm only discovering this now?? ๐Ÿค—

Reply on Twitter 2090695220996571592 Retweet on Twitter 2090695220996571592 114 Like on Twitter 2090695220996571592 689 X 2090695220996571592
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
khnh80044

Love Music

Verified account @khnh80044 ·
18 Aug

A senior officer hugs a man after seeing that no one came to meet him.๐Ÿฅบโค๏ธ

Reply on Twitter 2089697452345704766 Retweet on Twitter 2089697452345704766 798 Like on Twitter 2089697452345704766 14199 X 2089697452345704766

Recent Posts

  • Antics of Advocates in India August 14, 2026
  • Antics of Police Personnel in India August 14, 2026
  • Application for Closure of Prosecution Evidence โ€“ Format, Procedure & Sample Draft August 6, 2026
  • Ishwar Chand Sharma and Ors Vs State of U.P. on 29 May 2026 July 26, 2026
  • Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026 July 26, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice โ€“ Format with Legal Explanation (5,217 views)
  • Charge Sheet and Final Report Explained (3,322 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,681 views)
  • Discharge Application Format in 498A Case โ€“ Draft, Procedure & Sample Template (2,236 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (2,230 views)
  • Can You Travel Abroad After an FIR Is Registered? โ€“ Legal Position Explained (2,214 views)
  • Life Cycle of a Perjury Case (2,187 views)
  • Application for Certified Copy of FIR โ€“ Format, Procedure and Sample Draft (1,920 views)
  • Appeal, Revision and Review Explained (1,868 views)
  • Life Cycle Stages of a Restitution of Conjugal Rights Case (1,797 views)

Tags

Reportable Judgement or Order (439)2-Judge (Division) Bench Decision (425)Legal Procedure Explained - Interpretation of Statutes (387)Landmark Case (384)1-Judge Bench Decision (370)Catena of Landmark Judgments Referred/Cited to (298)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (91)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under Section 340 CrPC (70)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (62)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents (43)HM Act Sec 13 - Divorce Granted to Husband (42)Abuse Or Misuse of Process of Court (42)Divorce Granted on Cruelty ground (42)

Categories

Supreme Court of India Judgment or Order or Notification (760)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (187)High Court of Delhi Judgment or Order or Notification (167)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (95)Legal Procedure (84)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (63)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (53)High Court of Kerala Judgment or Order or Notification (47)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (28)

Recent Comments

  • pradeep jain on How to Challenge Ex Parte Orders in Criminal and Matrimonial Proceedings โ€“ Legal Remedies
  • Lawyer Sonia on Regular Bail Application Format (Section 437/439 CrPC)
  • vinod gupta on Reply to Section 41A CrPC Notice โ€“ Format with Legal Explanation
  • eCourts India on Compromise-Based Quashing in Matrimonial Cases โ€“ Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case

Archives of SoK

  • August 2026 (3)
  • July 2026 (19)
  • June 2026 (19)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS feed: Cloudflare Status Cloudflare Status

  • EWR (Newark) on 2026-09-02 September 2, 2026
    Jul 21, 15:30 UTCScheduled - We will be performing scheduled maintenance in EWR (Newark) datacenter on 2026-09-02 between 05:00 and 09:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users in the affected region. For PNI / CNI customers […]
    Cloudflare

RSS feed: List of Spam Server IPs from Project Honeypot List of Spam Server IPs from Project Honeypot

  • 78.153.140.199 | SDW August 22, 2026
    Event: Bad Event | Total: 11,937 | First: 2025-11-28 | Last: 2026-08-22
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 314 access attempts in the last 7 days.

pixel