Indian Political Science Association

HUMAN RIGHTS JURISPRUDENCE IN INDIAN CONSTITUTION RIGHT TO EQUALITY AND

LIFE: CONCEPT AND SUBSTANCE
Author(s): Sunil Khosla and M.M. Semwal
Source: The Indian Journal of Political Science, Vol. 72, No. 4 (OCT - DEC., 2011), pp. 927-
936
Published by: Indian Political Science Association
Stable URL: https://www.jstor.org/stable/41856528
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The Indian Journal of Political Science
Vol. LXXII, No. 4, Oct-Dec, 201 1, pp. 927-936

HUMAN RIGHTS JURISPRUDENCE IN INDIAN CONSTITUTION

RIGHT TO EQUALITY AND LIFE : CONCEPT AND SUBSTANCE

Sunil Khosla
M.M. Semwal

The present paper tries to locate the human rights jurisprudence in Indian constitution
with a perspective on right to equality and life.

Everywhere people aspire to be choose to divest himself of his human nature,

treated with dignity, to give voice to their nor consequently, of anything which is
opinions, to choose their own leaders, to entailed thereby, though he can certainly
associate with whom they wish, to worship transfer rights which are not 'natural' such
how, when and where they want1. The as giving5. Human right is a body of rights
concept of rights is grounded in the idea of believed to belong fundamentally to all
man as a free individual endowed with reason persons6. These are the liberties, immunities
and conscience capable of moral choice and and benefits which, by accepted
free activity. Rights are the claims made, contemporary values, all human beings
conceded as well as asserted by the people should be able to claim 'as of right' of the
on their own behalf or as perceived and society in which they live7. They tiave been
endorsed implications of specific historic seen as offering a framework for debate over
traditions, institutions and arrangements or basic values and conceptions of a good
of a historically conditioned theory of human society8.
needs and human aspirations, or of a human
So the conception of human rights
conception of a divine plan or purpose2. With
may be factored in concept and substance
the passage of time, the rights have achieved
of the concept of the human rights. This
a special kind of endorsement or success
paper keeping in view these two components
through the legal system. The various seeks to refer to the understanding of human
concepts that are combined in the human
rights jurisprudence in the Indian Constitution
rights reach far back in time. It is only by
with special reference to the right to equality
analysing the layers of m underlie the phrase
and life and the object for protection by the
that we can come to a proper appreciation
judiciary. The justification of a particular list
of the depth of its contemporary resonance3.
of human rights requires a clear sense of
Human rights are the rights of the individual
what human rights are, otherwise we can
to meet their needs and purposes being the
have only a rough idea about which rights
first and foremost rights against society rather
are widely recognised as worthy of inclusion.
than against other individuals4. They are There gre certain elements supposed to be
inalienable just because a man cannot incorporated in the plausible understanding

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The Indian Journal of Political Science 928

of human rights9 : They demand for themselves the status of

Constitutional rights. The consensual point
First, human rights express ultimate
between the two varying perceptions and
moral concern; second, they are expressly
understanding may be that the social system
weighty moral concerns which normally
should be structured in such a way that
override other normative considerations;
human rights can be realised as fully as
third, these moral concerns are focussed on
possible in the interest of human beings and
human beings; fourth, with respect to these
they securely exercise rights and freedom. It
moral concerns, all human beings have equal
needs to be ensured that the government and
status; fifth, human rights express concerns
its officials and agencies respect the rights
that are unrestricted i.e. they ought to be
and liberties and any kind of violation is also
respected by all human agents irrespective
effectivtely deterred and prevented. Hence,
of their particular epoch, culture, religion,
the human rights become the ethical
moral traditions or philosophy; sixth, these
yardstick used to measure the governmental
moral concerns are sharable i.e. capable of
treatment to its people. They have come into
being understood and appreciated by
existence as a part of every political system's
persons from different epochs and cultures
response to socio-economic and cultural
as well as by the adherents of a variety cf
conditions11 and continue to exist
different religions, moral traditions and
independently of their recognition by any legal
philosophies. Understanding of human rights
or political authority.
is consistent with these six points10.
The purpose behind the concept of human
They conceive that human rights are
rights is to accord an apolitical moral principle
moral rights that human beings have
to provide basis for the effort to protect the
specifically against the governments but on
unprotected that are harmed by their own
the other hand, human rights are basic or
sovereign governments12. Human rights are
Constitutional rights as each state ought to
the fundamental entitlements that all persons
set them forth in its fundamental legal texts
enjoy as protection against state conduct
and to make them effective through
prohibited by international law or custom13.
appropriate institutions and policies. At this
These are enjoyed by all people simply as
point Thomas Pogge quotes the example of
people, not as participants in agreed
Jürgen Habermas who says that the concept
practices14. Like John Rawls' 'natural
of human rights is not of moral origin but...
duties'15, they are the rights that contracting
by nature juridical which means that human
parties in an 'original position' would have
rights belong to a scheme of positive and
reason to acknowledge, but they are not
coercive law which supports justiciable
constituted by the contract. A human right is
subjective right claims through their structure.

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 Human Rights Juriprudence in Indian Constitution 929

a conceptual device, expressed in individuals

linguistic possess certain natural rights
which serve
form that assigns priority to certain as the very foundation of the
human
or social attributes which are essential for
political orderthe
and may not be revoked
adequate functioning of a humanlegitimately
being; itgovernments. This idea
by the
intends to serve as a protective capsule forof individual rights and
provided the foundation
liberties. And American Declaration of
those attributes and appeals for deliberate
Independence
action to ensure such protection16. They are and French Declaration on the
tied to a view of society that "combines
Rights of Man and Citizens were based on it.
individualism with rationalism, universalism
The ancient Greek polis also
and cosmopolitanism and such oppose
recognised certain rights and privileges of the
particularism, collectivism and traditional"17.
citizens which were denied to aliens. The
They go beyond individual's particular social
rights were conventional in nature which
relations or roots.
could be granted or taken away. In the
II ancient world, the emergency of the stoic and
the Christian conceptions of human equality
Though the idea of human rights as a
and dignity foreshadowed a more universal
field of study is a recent phenomenon with
and abiding conception of rights19. Both the
its distinct component of international law but
stoics and the Christians believed in the
it has grown out of deep historical and ancient
divine origin of creation. Hobbes and Locke
roots. The evolution of human rights from an
asserted the conception of natural rights,
idea to the basis of codified domestic,
offering to ground the newfound virility of the
regional, and international law has been rapid
independent and sovereign state on a
one18. The fundamental question is what to
principle that would recognise the rights of
recognise as human rights and how to
its people. Their notion did not find wide
guarantee the protection of such rights after
support among monarchs of their own time,
their recognition. Human rights serve as a
who were enjoying the unlimited powers
statement of the aspirations of people and
associated with the rule of an absolute
governments towards ideals that are not
sovereign, but with the passage of time, the
always attained in practice and lead to
conception of natural rights took root and then
contradiction and conflict.
followed the regimes which were committed
The notion of human rights is a to a universal conception of human rights.
relatively recent innovation in the history of
One of the maior concerns of human
political thought. Its roots can be traced to the
rights is to evolve a consensus in the tradition
social contratualists such as Thomas Hobbes
and culture around the world regarding their
and John Locke. During seventeenth and
universality and to regulate the ways in which
eighteenth centuries, they insisted that the

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The Indian Journal of Political Science 930

the people belonging

actions ofto the
one's mind, different
speech or body - to
others.
traditions, ideologies and All cultures
this depicts that may
the seeds deal
of
with each other. Rights and their human rights exist in the Indian tradition. Now

corresponding values are defined by cultural

the question striking the mind is what is Indian

perceptions, for example, rich and the poor

traditio^? It is very difficult to provide answer
to it. Indian civilization is the oldest known
cannot have the same right to luxury and
civilization on the earth which was inhabited
living without shelter. The traditions, religions

and the socio-economic-cultural patterns

by the people of different racial and ethnic
cannot be ignored. The absence of the
origins commonly called the Dravidians. The
Aryans are considered to be the earliest and
universal culture puts a question mark on the
universality of human rights. the most dominant group to mix with the
Dravidians to make India their home. They
CONCEPT OF HUMAN RIGHTS IN INDIA
were followed by the successive waves of
An insight into the intent of the
other migratory peoples and tribes: the
traditional Indian literature reveals that the medians, Iranians, Greeks, Bactrian,
Indian tradition recognizes the idea of Parthians, Shakas, or Scythians, Kushans or
securing human dignity and provides the the Yuch Chih, Turkis, Turco-Mongols, and
opportunity for one's development of others ,who came in large or small groups
personality. The idea of human rights is not and found a home in india20.
alien to the Indian subcontinent. About one
In the post independent India, the
hundred years ago, human rights were seen
intermixing of so many racial, ethnic,
as a political demand against the colonial
religious, cultural and other identities led to
power and a neutral consequence of the
rich heritage of our composite culture21 . The
realization of self government by the Indian
Indian identity has been continuously
people. Even the ancient text of Vedas,
influenced by the arrival and settlement of
Agamas and Upanishads emphasise the
different people from various parts of the
existence of morality, wisdom, significance
globe but was not destroyed or discontinued
of duty towards others especially who are
either by the Islamic or the British rule22. At
suffering in need. They stress on the sincere
the same time, India never halted the growth
fulfilment of one's responsibilities while
and entry of the religions and ideologies from
practicing selfless concern for those who are
other places. It believes in rational approach
in pain and have compassion for the starving,
towards religion while subscrib'ng to the
sick and shelter less people. It emphasised
"freedom of belief, practice and propagating
on the respect without any distinction and
the religion of inhabitants' choice"23.
discrimination. One should refrain from

causing injury - physical and through the The Indian demand for rights, in the

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Human Rights Juriprudence in Indian Constitution 931

present form, was created towards

ofthe end expression, belief, faith, worship,
thought,
vocation,
of the nineteenth century during its struggleassociation, and action, subject to
law
against the British rule. The Indian and public morality". When the
National
Congress (INC) founded in 1885 was home Assembly completed the drafting
Constituent
of the into
to this development which later on turned chapter on fundamental rights by the

year share
mass movement. It demanded equal 1949, it had before it the Universal
of power from the colonial masters. A of Human Rights (UDHR) but the
Declaration
resolution on civil rights was adopted in the
drafting committee published a revised draft
34th Session of the INC at Amritsar which in February 1948. it seems that it had
asked for the equality before law. It was held foreseen the UDHR
that there shall be no penal or administrative
The UDHR was the culmination of the
law in force in this country, whether
French Declaration of the Rights of Man and
substantive or procedural, of a discriminative
Citizens (1789) and the Bil of Rights in the
nature; and all evidence of the individuals
U.S. Constitution. These covenants provided
accused of offence shall be taken in the open
for the two sets of rights such as civil and
court. All these demands were culminated
political rights; and socio-economic rights
into the adoption of a resolution on the
corresponding to group and individual rights.
fundamental rights. As a result of this, the
These two Covenants26 are like Siamese
fundamental rights were incorporated in the
twins being inseparable and interdependent
Part III24 of the Constitution of India in the
sustaining and nourishing each other and
post independent era and they were
largely 'attributed to the West beginning at
considered to be paramount with a provision
the end of the eighteenth century.
that any law inconsistent with or in derogation

of the fundamental rights shall be declared The impression of the two sets of
rights can be seen in India in the chapter on
void25. The elections to the legislative
assemblies were based on the adult fundamental rights and the directive
principles
sufferage. The structural part of the new of state policy respectively. The
core
Constitution was largely derived from human rights are protected and
the
promoted through the Parts III and IV of the
Government of India Act 1 935. The Objective
Constitution
Resolution was adopted on 22 January 1947 as well as the statutes such as
the Protection of Human Rights Act, 1993.
by the Constituent Assembly solemnly
the rights included in the Indian Constitution
pledged itself to draw up a Constitution
are both justiciable and non-justiciable. It was
wherein it will be "guaranteed and secured
realized during the development of human
to all the people of India justice, social,
rightsofjurisprudence in India that civil and
economic and political, equality of status,
political rights have no viability unless a new
opportunity and equality before law: freedom

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The Indian Journal of Political Science 932

socio-economic order is raised on the level has been rather dismal in India. That is

foundation of the directive principles.why

In the
the judiciary has to play the central role
and not
existing model of jurisprudence, it was ensure the rule of law.

possible to bring the directives into the fold

Ill
of fundamental rights (means guaranteeing
Over the last sixty years, the Supreme
those rights through Courts). This was one
Court of India has provided the broader
of the major drawbacks of the justice delivery
content than
system as well as denial of the access to intended by the framers of the
justice to the common man. Constitution and interpreted by the earlier
judges28. This expansion has been
Under such a situation, the judiciary
particularly of the Articles 14 and 21 which
resorted to play an activist role inleft
thea mark on our Constitutional law.
interpretation of rights in tune with the
Supreme Court of India has often extended
international conventions, protocols and
the meaning of rights well beyond what some
charters relating to human rights. Equality
jurists call the 'original intent'29 .
before law and equal protection of law formed
the bedrock of several human rights ARTICLE 21

decisions delivered by the Courts27. In doing

Article 21 deals with the protection of
so, the right to life under Article 21 was
life and personal liberty which reads as:
expanded so as to include in it: the right to
travel, right to privacy, right to speedy trial, "No person shc'l be deprived of his life

right to fair trial, right against torture and or personal liberty except according to the
custodial violence, right to free legal aid, right procedure established by law". This Article
to education, right to health and medical care, emphasises the expression "procedure
right to pollution - free environment, safe established by law". Justice Telix
drinking water, right to quality life and right Frankfurter30, the U. S. Supreme Court Judge
against sexual harassment of the working when consulted advised B. N. Rau, the

women etc. Constitutional advisor of India, against

adopting the "due process" being
With the increasing awareness of the
undemocratic and burdensome as it gives a
human rights, a large number of civil society
few judges the power of vetoing legislation
initiatives in human rights have emerged
enacted by the representative of the nation;
which has made the implementation as the
and throwing an unfair burden on judiciary to
greatest challenge facing our society. Due
enter the political arena. So the drafting
to the inactive and apathetic attitude of the
Constitution conferred the narrower role to the
legislative and the executive, the actual
judiciary i.e. "procedure established by law".
application of human rights at the ground

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Human Rights Juriprudence in Indian Constitution 933
included
In the early years, the Supreme Court the right against solitary
took a restrictive view of the role ofconfinement35
judiciary or handcuffing36 or public
while resorting strictly to the statutory
hanging37, right to legal aid38 and speedy
trial39,
procedural rules. In Gopalan31, the court in the ambit of Article 21 and it has
held
now a wider amplitude as observed by the
that if there was some procedure established
Supreme
by the statute, it was not assailable Court cf India40:
on the
ground of violation of fundamental rights. At
"Right to live guarantee in any civilized
the same time, the court observed that the
society implies the right to food, water, decent
procedure laid down should not offend the
environment, education, medical care and
court's sense of justice. The court in Gopalan
shelter. These are the basic human rights
case tested personal liberty only on the basis
known to any civilised society. All civil,
of Article 21 . it was held that the court could
political, social and cultural rights and
only ascertain whether there was some
conventions or under the Constitution of India
procedure established by law and further that
cannoti be exercised without these basic
other provisions of the Part III viz Article 14
human rights..."
or 1 9 could not be invoked in a matter relating

to personal liberty. But this positionRight

has to privacy and reputation were
also considered within the umbrella of Article
changed beyond the recognition by judicial
interpretation over the years32. 21 but the Court41 followed the process case-

by-case development. But later, the court

In the post emergency period in 1978,
held the right to privacy42 and reputation43
in Maneka Gandhi33 case, the apex court was
as a part of the right to life and personal liberty
concerned with the issuance of a passport.
and not subject to be curtailed "except
The right to travel abroad was included in
according to the procedure established by
the Article 21. it laid down that Article 21 is
law". So there has been a long journey in an
not only a guarantee against executive action
almost unchartered fields beginning from
unsupported by law, but is also a restriction
Gopalan.
on law making itself. The court extended the
ARTICLE 14
concept of fair procedure to include even
substantive law. It held that the procedure
The struggle for equality has been with
prescribed for depriving a person of his the
us from life
beginning of India's history. One
or personal liberty must be reasonable, fair
of the evidences of it is in the feud between
and just otherwise the law would be void
Vasistha, the pillar of orthodoxy and the
being violative of the Article 21 . This decision
enemy of all innovation, and Visvamitra, the
became the springbcard for theleader
radical
of the progressiveness and the
transformation of law34. In sum, the court
champion of freedom and liberty. The

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 The Indian Journal of Political Science 934

conservative Vasistha wanted the Vedic and based on reason. The court in the

present time has assumed a new armoury

religion to be confined solely to the Aryans,
Visvamitra tried to universalize it44. Article 14
through Article 14 for challenging the state
action and to strike down a statute on the
deals with "equality before law" which states
that "the State shall not deny any person
ground'of arbitrariness.
equality before law or equal protection of law
IV
within the territory of India". It carries the legal

mandate of equal treatment and forbadeThe entry of the court in the arena of
policy (or as a principal legislator) may bring
discrimination. In its traditional approach
uncertainty
under Article 14, the legislature was free to in law because the approach of
a court varies from Bench to Bench having
recognize the degree of harm and to restrict
the operation of a law only to those differing
cases opinions of the judicial role. The
where the need was clearest. But in the critics of such role of the judiciary have called

eighties, Article 14 received liberal it judicial imperialism but on the other hand,

interpretation leading to the expansion in the the principle propounded by Lord Denning48
scope in the cases starting with Royappa45 is being followed by the Supreme Court i.e.
case. It held arbitrariness is anathema to the in case of doubt, Judges must not be
equality and equality belongs to the rule of timorous souls but bold spirits49. All this
i

law while arbitrariness belongs to the whim poses a question as to whether the text
and caprice of an absolute monarch. Arbitrary should be interpreted as per the changing
act is against the spirit of political logic and judicial views or go by the intents of the law
constitutional law, hence violative of the makers. It is emphasised through this paper
that it is not needed tD find out and resort to
Article 14. While extending this approach in
Maneka Gandhi46 case, the court observed the meaning of the text what was century ago,
that the Article 14 strikes at the arbitrariness it must be in tune with the contemporary
in the state action and ensures fairness and requirements of the society particularly in a

equality of treatment. Shetty47 was another State where the legislature is apathetic and
the executive is inactive. Moreover in the
case in which this approach was further
enlarged. It was the case concerning the Indian context, the interpretation of the
allotment of an airport stall to an ineligible Constitution is never final because the society
candidate. It was held that it is indeed like life is in a constant flux50. Justice
Bhagwati observed:
unthinkable that in a democracy governed
by the rule of law, the executive possesses "We cannot allow the dead hand of the
arbitrary power over the interests of the
past to strife the growth of the living present.
individual. The essence of the rule of law lies
Law cannot stand still; it must change with
in an executive action free from arbitrariness
the changing social concepts and values... if

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Human Rights Juriprudence in Indian Constitution 935
Grolier Inc., Danbury, Connecticut, 1993, p.
the law fails to respond to the needs of
369. the

changing society, then it will either stifle the

14. Eugene Kemenka and Elice Erh-Soon Tay
(Eds.), Human Rights, Edward Arnold, London,
growth of the society and choke its progress
1978, p. 59.
or if the society is vigorous enough, it will
15. See John Rawls, A Theory of Justice,
caste away the law which stands in the way
Cambridge, Mass., 1971, p. 19.
of its growth. Law must, therefore, constantly
16. Michael Freeden, Rights, Open University
be on the move adopting itself to thePress,
fast Buckingham, 1991, p. 7.

1 7. B. S. Waghmare, Human Rights: Problems and

changing society and not lag behind"50.
Prospects, Kalinga, Delhi, 2001, p. 1.
Endnotes
18. Jonathan Michie (Ed.), Encyclopedia of Social
1. Austin Sarat and Thomas R. Keams, Human Sciences, Volume 2, Fitzroy Dearbon
Rights, University of Michigan Press, 2004, Publications, London, 2001, p. 753.
P. 2.
19. Robert F. Gorman, "Human Rights ", in John K.
2 Eugene Kamenka, "Human Rights: Peoples' Roth (Ed.), Ethics, Volume 2, Salem Press,
Right, in James Crawford (ed.), The Rights of Pasadena California, 2005, p. 685.
Peoples, Oxford University Press, New York,
20. Jawaharlal Nehru, The Discovery India, Signet,
2001, p. 127.
Calcutta, 1946, p. 113.
3 . Jeevan Nair (Ed.), Encyclopedia of Social
21. The Constitution of India, Article 51 A (f).
Sciences , Volume 2, Pentagon Press, New
Delhi, 2008, p. 749. 22. See Mohindra P. Singh, Helmut Goerlich and
Michael Von Hauff (Eds), Human Rights and
4. See L. J. Macferiane, The Theory and Practice
Basic Needs: Theory and Practice, Universal,
of Human Rights, Maurice Temple Smith,
New Delhi, 2008.
London, 1985.
23. The Constitution of India, Article 25.
5. Bernard Mayo, " What are Human Rights ?" in
D. D. Raphael (Ed.), Political Theory and the 24. The Constitution of India, Articles 12 - 35.
Rights of Man, Macmillan, London, 1967, p. 69.
25. The Constitution of India, Article 13.
6. Robert F. Gorman, "Human Rights", in John K.
Roth (Ed.), Ethics, Volume 2, Salem Press, 26. Whereas the UDHR 1948 is basically individual
Pasadena California, 2005, p. 684. oriented declaration of rights, the International
Covenant on Economic Social and Cultural
7. Encyclopedia of Public International Law, 1995, Rights (ICESCR) 1946 and the International
p. 886 quoted in George Ritzer (Ed.), The Covenant on Civil and Political Rights (ICCPR)
Blackwell Encyclopedia of Sociology, Volume 1966 have group orientations. These three
V, Blackwell Publishing, Oxford, 2007, p. 2182. documents together constitute International Bill
8 . Charles Worth and Chinkin 2000: 210 in Ibid. of Human Rights. Also see B. K. Roy Burman,
"Human Rights in India, Fifty Years after the
9. Guido Pincione and Horacio Spector (Eds.), Universal Declaration of Human Rights", in S.
Rights, Equality and Liberty, Kluwer Academic Mehertaj Begum, Human Rights in India: Issues
Publishers, Dardrecht/London, 2000, p. 46. and Perspectives, APH Publishing, New Delhi,
2000, p. 46.
10. Ibid., p. 47.
27. R. N. Trivedi (Ed.), World of All Human Rights,
11. Abdulrahim P. Vijapur (Ed.), Implementing Universal Law Publishing Co., New Delhi, 2010,
Human Rights in the Third World, Manak p. 69.
Publications, New Delhi, 2008, p. 5.
28. Ashok H. Desai, "Expanding the Right to Life
12. Robert F. Gorman, " Human Rights ", in John K. and Equality", in R. N. Trivedi (Ed.), World of
Roth (Ed.), Ethics, Volume 2, Salem Press, All Human Rights, Universal Law Publishing
Pasadena California, 2005, p. 684. Čo., New Delhi, 2010, p. 210.

13. Grolier Encyclopedia of Knowledge, Volume 29.

9, Ibid., p.211 .

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 The Indian Journal of Political Science 936

30. Granville Austin, The Indian Constitution : 41. Govind v . State of Madhya Pradesh (1975) 2
Cornerstone of Nation, Oxford University Press, SCC 148.
1966, p. 103.
42. PUCL v. Union of India (1997) 1 SCC 301.
31. A. K. Gopalan v. State of Madras AIR 1950 SC
88. 43. State of Maharashtra v. Public Concern for
Government Trust (2007) 3 SCC 587.
32. Ashok H. Desai, in R. N. Trivedi (Ed.), World
of AH Human Rights, Universal Law Publishing 44. S. Radhakrishnan, The Hindu View of Life,
Co., New Delhi, 2010, p. 212 . Unwin Books, London, 1961, p. 87.

33. Maneka Gandhi v. Union of India (1978) 1 SCC 45. E. P. Royappa v. State of Tamil Nadu (1974) 4
248 SCC 3 (37).

34. Francis Coralie Mullin v. U. T. of Delhi (1981) 1 46. Maneka Gandhi v. Union of India (1978) 1 SCC
SCC 608. 248.

35. Sunil Batra v. Delhi Administration (1978)47.

4 Ramana Dayaram Shetty v . IAAI (1979) 3 SCC
SCC 494. 489.

36. Prem Shankar Shukla v. Delhi Administration 48. Candler v. Crane, Christmas & Co., (1951) 1
ALL ER 426.
(1980) 3 SCC 526.
49. See R. N Trivedi, World of All Human Rights,
37. A. G. of India v. Lachma Devi (1989) SUPP 1
SCC 264. Universal Law Publishing Co., New Delhi, 2010,
p. 219.
38. M. H. Hoskot v. State of Maharashtra (1978) 3
SCC 544. 50. National Textile Workers' Union v. P. R.
Ramakrishnan (1983) 1 SCC 228 and See R.
39. Hussainara Khatoon v. Home Secretary, State N. Trivedi (Ed.), World of All Human Rights,
of Bihar (1980) 3 SCC 526. Universal Law Publishing Co., New Delhi, 2010.

40. Chameli Singh v. State of U.P. (1996) 2 SCC 51. Ibid.

549.

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