Supreme Court as the Guardian of Personal Liberty: Justice Ujjal Bhuyan’s Constitutional Reminder

Introduction: Liberty as the Supreme Court’s Core Mandate

Justice Ujjal Bhuyan of the Supreme Court of India has recently articulated a forceful constitutional reminder: the Supreme Court exists to uphold personal liberty and human rights, not to justify executive excesses. His remarks, delivered at an international conference organised by the Supreme Court Advocates-on-Record Association (SCAORA) in Goa, come at a time when concerns over selective investigations, prolonged incarceration, and inconsistent judicial standards have become central to public discourse.

Justice Bhuyan’s observations are not rhetorical. They are deeply rooted in constitutional text, statutory frameworks, and long-standing judicial precedent.

Constitutional Foundations of Personal Liberty

Article 21 of the Constitution of India

At the heart of Justice Bhuyan’s remarks lies Article 21, which guarantees that “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

The Supreme Court has consistently expanded the scope of Article 21 to include:

  • Protection against arbitrary arrest

  • Right to fair and speedy trial

  • Protection from excessive state action

Key precedents include:

  • Maneka Gandhi v Union of India (1978): Established that “procedure established by law” must be just, fair, and reasonable.

  • Hussainara Khatoon v State of Bihar (1979): Recognised speedy trial as an integral part of Article 21.

  • Arnab Manoranjan Goswami v State of Maharashtra (2020): Reaffirmed that courts must be alive to the protection of personal liberty, even in politically sensitive cases.

Justice Bhuyan’s statement that the Supreme Court is not meant to legitimise executive excess flows directly from this constitutional philosophy.

Article 32 and the Supreme Court’s Role as Sentinel

Article 32: The Heart and Soul of the Constitution

Dr B.R. Ambedkar famously described Article 32 as the “heart and soul” of the Constitution. It empowers citizens to directly approach the Supreme Court for enforcement of fundamental rights.

Justice Bhuyan’s emphasis on the Court speaking “in one voice” underscores the need for uniform constitutional interpretation under Article 32, particularly in matters involving:

  • Bail and arrest

  • Preventive detention

  • Investigation under special statutes

Divergent judicial approaches on liberty dilute the certainty and authority of constitutional remedies.

Polyvocality vs Uniformity: A Constitutional Concern

The Risk of Conflicting Judicial Voices

Justice Bhuyan warned against what he described as judicial “polyvocality” — multiple benches of the Supreme Court delivering divergent interpretations on fundamental legal principles.

Such divergence risks:

  • Confusing trial courts and high courts

  • Undermining the Supreme Court’s institutional credibility

  • Weakening India’s standing in international legal cooperation, including extradition

This concern echoes earlier judicial observations in:

  • Central Board of Dawoodi Bohra Community v State of Maharashtra (2005): Held that benches of lesser or equal strength must follow coordinate bench decisions or refer the matter to a larger bench.

Uniformity, particularly on personal liberty, is thus not optional but constitutionally necessary.

Extradition and International Confidence in India’s Justice System

Justice Bhuyan linked judicial consistency with international extradition cooperation, citing the example of Abu Salem’s extradition from Portugal.

Abu Salem Extradition Case

Portugal extradited Abu Salem to India on the assurance that:

  • He would not be sentenced to death

  • His human rights would be respected

This reflects how foreign jurisdictions closely scrutinise India’s judicial approach to liberty and punishment.

Inconsistent rulings on bail, incarceration, or due process risk creating reluctance among foreign courts to extradite fugitives to India.

White Collar Crime and Investigative Credibility

Special Criminal Statutes Under Scrutiny

Justice Bhuyan addressed serious concerns about the functioning of investigating agencies under special laws such as:

  • Prevention of Money Laundering Act, 2002 (PMLA)

  • Prevention of Corruption Act, 1988

  • Central Bureau of Investigation (CBI) Act

He noted that low conviction rates under PMLA raise questions about:

  • Quality of investigation

  • Selective targeting

  • Abuse of arrest powers

This echoes Supreme Court observations in:

  • Pankaj Bansal v Union of India (2023): Mandated written grounds of arrest under PMLA.

  • Vijay Madanlal Choudhary v Union of India (2022): While upholding PMLA provisions, emphasised constitutional safeguards.

Justice Bhuyan’s insistence on investigative credibility aligns with these rulings.

Section 17A of the Prevention of Corruption Act: A Structural Flaw?

Prior Sanction Before Investigation

Section 17A of the Prevention of Corruption Act requires prior government approval before investigating corruption allegations against public servants.

Justice Bhuyan criticised this requirement, stating that it:

  • Effectively vetoes investigation

  • Shields senior officials

  • Targets only “small fish” while protecting powerful actors

This concern was also reflected in the recent split verdict of the Supreme Court on Section 17A, demonstrating judicial unease with executive control over anti-corruption investigations.

Judicial Independence and the Collegium System

Justice Bhuyan also cautioned against executive interference in collegium decisions, stressing that:

  • Judicial transfers and appointments must remain insulated from political pressure

  • Institutional integrity of the judiciary is foundational to democracy

This aligns with:

  • Supreme Court Advocates-on-Record Association v Union of India (2015): Struck down the NJAC to preserve judicial independence.

Conclusion: Constitution Over Convenience

Justice Ujjal Bhuyan’s remarks are not merely cautionary; they are constitutional signposts.

His core message is clear:

  • Personal liberty is non-negotiable

  • Judicial inconsistency erodes rule of law

  • Selective investigation destroys institutional credibility

  • The Constitution, not political ideology, must guide adjudication

As India grapples with complex challenges of governance, corruption, and rights enforcement, the Supreme Court’s role as the final constitutional sentinel becomes more critical than ever.

Ultimately, as Justice Bhuyan reminded, all that is required is fidelity to the Constitution — nothing more, nothing less.


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