LIBERAL INTERPRETATION

Significance of the Constitution

The Constitution is a unique legal document. It enshrines a

special kind of norm and stands at the top of normative pyramid. 1

The Constitution is Supreme lex, the paramount law of the land. 2 It

is the documentation of the founding faiths of a nation and the

fundamental directions for their fulfillment.

The Constitution is a living organism and the latent meaning

of the expressions used can be given effect to only if a particular

situation arises.

the liberal interpretation of the freedom of speech and

expression in Art.19 (1) (a) and right to life and personal liberty in

Art.21.

case :

1. M.Nagaraj v. UOI AIR 2007 SC 71.

2. Fatehchand v.State of Maharashtra AIR 1977 SC 1825.

Freedom of Speech and Expression

Freedom of Speech and Expression is indispensable in a

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 democracy. The modern use of the phrases “freedom of thought

and freedom of Speech” originate from the time of French

Revolution. It is the foundational basis from which all other

fundamental rights spring and can be enjoyed. His right is the basis

of human personality and its advancement.

Freedom of Speech and Expression is guaranteed under the

Article 19(1) (a) in Part three of the Constitution of India.

Cases : 1. Menaka Gandhi v. UOI AIR 1978 SC 597.

2. Ramesh Thappar v. State of Madras AIR 1950 SC 124

Liberal Interpretation of Article 21

Article 21 of the Constitution says that “No person shall be

deprived of his life or personal liberty except according to

procedure established by law.” Right to life and Personal liberty,

which is enshrined in the Article 21 of the Indian Constitution, is the

most precious and sacrosanct right. It is the heart of the

Constitution.

Case : A.K. Gopalan v. State of Madras, AIR 1950 SC 2

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 Negligence

The negligent attitude of the doctors and the hospital was often
condemned by the Court. In appropriate cases, the Court underscored the
victim‟s right to health and awarded compensation.

Case : Mrs.Shanta v. State of Andhra Pradesh, (1999) ACJ 454

Dignity of Women

The beauty contests are conducted all over the world. It has

been emphasized that the purpose of such contest is nothing but a

manifestation of women talent.

Case : State of Himachal Pradesh v. Umed Ram, AIR 1986 SC 847.

Conclusion :
The liberal interpretation of the expression has brought every law or every
facet of life within the purview of Art. 21. The liberal interpretation can be
assimilated into the existing words by means of semantic extension
process
.