---
type: faq
question: >-
  What is the Right to Life and Liberty? How has this Right evolved through the
  history of the Indian Constitution? (Part 2)
topic: constitutionalism
topic_title: India's Constitution
topic_url: 'https://liberty-lighthouse.vercel.app/topics/constitutionalism/'
canonical_url: >-
  https://liberty-lighthouse.vercel.app/topics/constitutionalism/faq/what-is-the-right-to-life-and-liberty-how-has-this-right-evolved-through-the-history-of-the-indian-part-2/
markdown_url: >-
  https://liberty-lighthouse.vercel.app/topics/constitutionalism/faq/what-is-the-right-to-life-and-liberty-how-has-this-right-evolved-through-the-history-of-the-indian-part-2.md
---
# 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).