Clause By Clause, Taking Liberties With Human Liberty
Article 21 of the Constitution, which guarantees the right to life and liberty, also mandates that any limitation of these fundamental rights must adhere to just, fair and reasonable procedures. The due process set out in the law to guarantee this states that every time a person is arrested, she must be brought before a judicial magistrate within 24 hours. Any further detention must only be based on a judicial order with the magistrate independently deciding whether the person should be detained or not. The judicial scrutiny has been mandated to ensure a layer of checks and balances on police powers by an independent authority.