Speedy Trial A Fundamental Right, Can Be Ground For Bail Says Supreme Court
Speedy Trial A Fundamental Right, Can Be Ground For Bail Says Supreme Court
- ✓Speedy Trial A Fundamental Right, Can Be Ground For Bail Says Supreme Court
- ✓“First and foremost, the rights conferred by Article 21 of the Constitution are not only constitutional rights.
- ✓Right to life and liberty as enshrined in Article 21 are at the core of our constitutional jurisprudence.
- ✓The Court highlighted that Article 21 rights are fundamental and core to constitutional jurisprudence.
The Supreme Court on Thursday said the Constitution would prevail over all other laws and regulations, making it clear that constitutional provisions would take precedence in case of any conflict with special laws such as the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA).
A bench of Justices Ujjal Bhuyan and A S Chandurkar reiterated that the right to a speedy trial is a fundamental right and cannot be curtailed by any law. It also said prolonged delay in trial could be a ground for granting bail.
The bench said constitutional rights must remain central to the interpretation of laws, rather than allowing statutory provisions to determine the scope of fundamental rights. “First and foremost, the rights conferred by Article 21 of the Constitution are not only constitutional rights.
These are fundamental rights. Right to life and liberty as enshrined in Article 21 are at the core of our constitutional jurisprudence. These fundamental rights cannot be tinkered with so lightly, not even under the special statutes,” the court said.
It further observed that several earlier Supreme Court judgments had reiterated that when Article 21 is violated, the restrictions imposed by Section 37 of the NDPS Act or similar provisions under other special laws must give way.
The latest observations assume significance amid differences within the Supreme Court over whether prolonged delays in trials can justify bail in cases registered under the PMLA, NDPS Act and UAPA. The issue is now before a larger bench for consideration.
The Supreme Court stated that the Constitution and its fundamental rights will always prevail over special laws. Constitutional provisions take precedence in case of any conflict with acts like NDPS, UAPA, or PMLA. The Court reiterated that the right to a speedy trial is a fundamental right that cannot be curtailed by any law.
It also clarified that prolonged delay in a trial can be a legitimate ground for granting bail. The Court highlighted that Article 21 rights are fundamental and core to constitutional jurisprudence. These fundamental rights cannot be easily altered or superseded, even by stringent provisions found in special statutes.
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| Issuing Authority | ABP News |
|---|---|
| Topic Category | GOVERNANCE |
| Jurisdiction | All India / National |
| Publication Date | 6 November 2026 |