Constitutional Justice

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Constitutional Justice

Personal liberty and constitutional justice remain central to India's democracy, yet face challenges from state practices and restrictive laws.

The article reflects on the importance of personal liberty as a core value of constitutional justice in India, marking 75 years of the Constitution. It discusses the reinstatement of Justice Fazl Ali's dissenting opinion in the A.K. Gopalan case, emphasizing the right to personal liberty as inseparable from constitutional ethics. Preventive detention laws and prolonged custody without trial are highlighted as threats to liberty.

The Citizenship Amendment Act (CAA) 2019 and arrests of dissenters exemplify the state’s suppression of civil liberties. The Puttaswamy judgment reaffirmed the right to privacy and highlighted the erosion of rights under arbitrary detention practices. The Preventive Detention Act, 1950, is criticized for creating a “rule of law regime” that limits personal freedom.

A.K. Gopalan’s experience of imprisonment during the freedom struggle underscores the historical roots of constitutional contradictions. Recent events, such as the Bhima Koregaon arrests and the treatment of anti-CAA protestors, showcase ongoing violations of constitutional principles.

The article argues that the true test of the Constitution lies in safeguarding personal liberty and ensuring courts remain custodians of justice. As the nation celebrates 75 years of the Constitution, a renewed commitment to its core values—liberty, dignity, and justice—is vital to uphold democratic ideals and prevent authoritarian misuse of power.