The central legal point established in the judgment is the State's duty to protect the fundamental rights of citizens, including the right to life and personal liberty, and the entitlement of citizens to compensation for violation of these rights.

( 1 ) A State is the comity of individuals. The object is the existence of individuals governed by certain norms agreed to by the society. A duly constituted Government derives its authority and power from the governed. Democracy is the principle of governance where the persons to be governed elect the Government by the rule of majority.

( 2 ) THE classical theory of social contract highlights that the social contract is on account of the rules of conduct required by a just society. All persons are basically the same in terms of the innate human nature and the society is created and the norms are laid about the interaction between individuals amongst themselves. Since the people rationally foresee the consequences, they authorize a power to create a social environment in which the people adhere to their respective promises to govern the society. The most important aspect is the necessity of Government in the interest of all citizens where people are essentially free and live together with some laws to produce a more happy life than living in anarchy. The social contract, thus, establishes legal equality and encourages minimal restriction of individuals freedom by the State. A cardinal principle underline the theory is the consent of the governed given to the Government on a basic premise - the promise of the Government to provide them security, safety and well-being in return for minimal restriction , of their rights and freedom. Edmund Burke said:

"government is a contrivance of human wisdom to provide for human wants. Men have a right that these wants should be provided for by this wisdom. "the very basic want is security and safety of the individual person.

( 3 ) IN the year 1946, the Constituent Assembly was given the task of deciding the mode and manner of such governance. After Independence in 1947, on 26th November, 1999, the Constituent Assembly on behalf of the people of India adopted, enacted and gave to the country the Constitution of india (hereinafter to be referred to as the Constitution ) whereby the India was constituted as a Sovereign Democratic Republic (subsequently substituted in 1976 as Sovereign Socialist Secular Democratic Republic ). The Constitution came into force on 26th January, 1950. The Preamble to the Constitution is as under:

"we, THE PEOPLE OF INDIA, having solemnly resolved to constitute. India into a [sovereign SOCIALIST SECULAR DEMOCRATIC republic] and to secure to all its citizens: justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the [ unity and integrity of the Nation]; in OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS constitution. "

1. Subs, by the Constitution (Forty-second Amendment) Act, 1976, sec. 2, for "sovereign DEMOCRATIC REPUBLIC" (w. e. f. 3. 1. 1977 ). 2. Subs, by the Constitution (Forty-second Amendment) Act, 1976, sec. 2, for "unity of the Nation" (w. e. f. 3-1-1977 ).

( 4 ) PART III of the Constitution deals with the Fundamental Rights, while part IV deals with the Directive Principles of State Policy. Articles 14 and 21 form part of Part III of the Constitution and provide for equality before law and protection of life and personal liberty respectively. In terms of Article 21, no person is to be deprived of his right to life and personal liberty except according to the procedure established by law. Judicial interpretation in an innovation has extended the scope of Article 21 of the Constitution and, thus, it has been held to be a duty of the State to act and create conditions conducive for a life of dignity as opposed to a mere animal existence. None of the protections granted by Part III of the Constitution can really be enjoyed without the provision of safe, secure and protective environment in which a cit