INDRAJIT BARUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) What is most precious to any man is his life. Next to that his personal liberty. 'That is why life and liberty are two basic human rights which are ensured to every man, woman and child in any civilised society. This is recognised by our Constitution and is enshrined as a fundamental right in Article 21. Indeed on such a' high pedestal have these two rights been placed by the Constitution that Article 21 is couched in a language which is by way of a direction or injunction to all and sundry, including the State, that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

(2.) In any organised society it is a basic postulate that the rule of law is supreme. Therefore, it is only procedure established by law which could entitle the taking away of a person's life or personal liberty. "The power to deprive a man of his basic-human right of either' life or personal liberty is necessitated because of the imperative of an organised society, the need of the society to keep it duly organised, free' of crime or offences against the society or persons constituting the society. Indeed, it can hardly be disputed that such a need or power must take precedence over the individual's right to enforce his rights qua life and personal liberty. This social need, however, can only be met in one way and that is that-the State representing the Society, arms itself with the power to deprive a person of life and liberty by enacting a valid law.

(3.) The procedure established by law, however, cannot be arbitrary. This has been recognised by our Constitution by enacting provisions like Article 14, Article 19 and Article 21. It is a postulate of civilised society that all State action whether it be executive action of- legislative action or even judicial action must stand the test of being just, reasonable and fair. In other words, it must not: be oppressive, capraciours, whimsical, unjust or unfair. In short, it should not be arbitrary. These are the fundamentals of any civilised society and on which our secular, democratic republic is founded. Thirty three years ago, Mukherjee, J. (as he then was) in Gopalan's case Diverting to this very aspect had to say this: