CONSTITUTIONAL ASPECTS AND ISSUES RELATING TO THE BAIL IN INDIA

Abstract

The human instinct of freedom and liberty is not only recognized but generally protected and preserved by almost all civilized nations. By virtue of being human, a man has inalienable human rights that take effect at birth. Because these rights are birthrights, they belong to all individuals. The extent to which human rights are respected and protected is an important measure of the civilization of a society. The right to personal freedom is enshrined in the constitution of all countries. Human rights jurisprudence has reached a stage where it can easily be said that the Indian constitution recognizes the fundamental right to human dignity. The fundamental value comes directly from Article 21 of the Constitution of India. Articles 21 and 22 of the Constitution guarantee the right to personal freedom regardless of one's political creed, creed, class or creed. It is against this background that an attempt has been made here to deal with the constitutional issues relating to the bail legislation.   Maneka Gandhi Vs. Union   of   India   Justice   Bhagwati   expressed his opinion in the following words:."These rights represent the basic values cherished by the people of this county since the Vedic times and they are calculated to protect the dignity of the individual and create condition in which every human be in can develop his personality to the fullest extent. They weavea pattern of the guarantee on the basic structure of human rights and impose negative obligations on the State not encroach on individuals liberty in its various dimensions."