Liberty: That Plus More, My Lord!

Kishore Chandra Jena

doi:10.36948/ijfmr.2026.v08i01.66877

Liberty: That Plus More, My Lord!

Author(s)	Mr. Kishore Chandra Jena
Country	India
Abstract	This article is all about free expression and individual’s liberty on the one hand, and on the other, in contrary with preventive detention. The nomenclature of this article is derived from the reply submitted by M. K. Nambiar representing A.K. Gopalan to the question from Justice S.R. Das in the Supreme Court of India. This article spins and hinges on and around the judgement in the matter of A.K. Gopalan v. State of Madras, Union of India. Freedom as well liberty has been defined and the little differentiation between the two terms has been studied. The evolution of liberty since the days of Magna Charta/Magna Carta has been looked into. The similarity as well as difference between ‘procedure established by law’ and ‘due process of law’ is brought up for discussion. Various amendments to the Constitution of the US have been hinted at for better understanding. The history of preventive detentions has been collected from the judicial and legal experiences in the United Kingdom and from India, too. This article ventures into the horizon of politics of judiciary. How individuals have languished in jails and suffered for long from incarceration for no crime they have committed. They are dumped into incarceration simply because the State feels that their future acts or actions are anticipated to the State’s hegemony. Some authors are of the opinion that sometimes judges behave as more executive than the executive. The article investigates the aspect of an independent judiciary. The discussions and debates on the floor of the Constituent Assembly of India have been referred to in regard to Articles 19 and 21 of the Constitutions of India. An attempt has been made to trace out the presence of class bias in judiciary. Let us hope that this write up would help scholars and researchers in discovering unfound horizons of constitutionalism.
Keywords	Freedom, liberty, preventive detention, reasonable restriction, Magna carta, the politics of the judiciary
Field	Arts
Published In	Volume 8, Issue 1, January-February 2026
Published On	2026-01-19
DOI	https://doi.org/10.36948/ijfmr.2026.v08i01.66877

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Liberty: That Plus More, My Lord!

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