What is the Right to Life and Liberty? How has this Right evolved through the history of the Indian Constitution? (Part 2)

Procedural Safeguards for Protecting Right to Life and Liberty [Article 20 and 22]:

Articles 20 and 22 are vital safeguards of the rule of law, protecting individuals from overreach by the State. They provide the procedural framework for Article 21’s “procedure established by law”. Article 20 prohibits -

• Conviction for an act that was not a crime when it was committed or be subjected to a penalty greater than what the concerned law prescribed at the time of the offence;

• Double jeopardy - no person can be prosecuted and punished for the same offence more than once;

• An accused cannot be compelled to self-incriminate; that is, they cannot be compelled to give evidence against themselves.

  Article 22 addresses both procedural and substantive law safeguards to prevent the arbitrary use of police power. Police cannot act as judge and prosecution. The State must -

• provide legal counsel to the accused (the right to a fair trial);

• present the accused to an independent magistrate within 24 hours (judicial oversight);

• ensure preventive detention laws comply with a three-month limit for detention without trial;

• ensure a maximum period of preventive detention is written into the law;

• ensure the law provides for an Advisory Board review of the detention (checks and balances).