Right of being Represented in a Court is a Fundamental Right

Right of being Represented in a Court is a Fundamental Right under Article 21 of the Constitution.

Article 21 of the Constitution reads as under:

‘No person shall be deprived of his life or personal liberty except according to a procedure established by law’

Broadly speaking there are 3 types of litigations- Civil, Criminal & Fiscal but the life & personal liberty are at stake only in Criminal matters. Thus, an accused can resort to Article 21 of the Constitution if he is being deprived of his life or his personal liberty without following the due legal procedures. Deprivation of the established principles of Natural Justice in such cases also tantamount to abjudication of Article 21 of the Constitution.

In a catena of cases the Apex Court has held that the right of being represented through a counsel is part of due procedure clause and is blatant violation of the right to life & personal liberty guaranteed under Article 21 of the Constitution of India.

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