Effective Representation - Definition - Law Dictionary Home Dictionary Definition effective-representation

Definition :

Effective representation, If a procedure under Article 21 has to be reasonable, fair and just, then the words 'effective representation' appearing in Article 22(5) must be construed so as to provide a real and meaningful opportunity to the detenu to explain his case to the detaining authority in his representation. If the words 'effective representa-tion' are interpreted in an artificial or fanciful manner, then it would defeat the very object not only of Article 22(5) but also of Article 21 of the Constitution, Kamla Kanhaiyalal Khushalani v. State of Maharashtra, (1981) 1 SCC 748: AIR 1981 SC 814 (816): (1981) 2 SCR 459. [Constitution of India, Arts. 21 and 22(5)]