The scope and content of Articles 14, 19, and 21 of the Constitution, the interrelation between Articles 21, 14, and 19, the concept of procedure established by law, the reasonableness of restrictions on freedom guaranteed by Article 19 (1) (b) and (d), the interest of maintaining public order, the general public interest, and the social imperatives for the greater good.

( 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:

"the question, therefore, arises in each case of adjusting the conflicting interests of the individual and of the society. In some cases, restrictions have to be placed upon free exercise of individual rights to safeguard the interests of the society; on the other hand, social control which exists for public good has got to be restrained lest it should be misused to the detriment of individual rights and liberties. Ordinarily, every man has the liberty to order his life as he pleases, to stay what he will. to go Where he will, to follow any trade, occupation or calling at his pleasure and to do any other thing which he can lawfully do without let or hindrance by any other person. On the other hand for the very protection of these liberties the society must arm itself with certain powers. No man s liberty would be worth its name if it can be violated with impunity by any wrongdoor and if his property or possessions could be prayed upon by a thief or a marauder. The society, therefore, has got to exercise certain powers for the protection of these liberties and to arrest, search, imprison and punish those who break the law. If these powers are properly exercised, they themselves are the safeguards of freedom, but they can certainly be abused. The police may arrest any man and throw him into prison without assigning any reasons; they may search his belongings on the slightest pretext; he may be subjected to a sham trial and even punished for crimes unknown to law. What the Constitution, therefore, attempts to do in declaring the rights of the people is to strike a balance between individual liberty and social control. "likewise S. R. Dass, J (as he then was) opined:

"personal liberties may be compendiously summed up