Understanding the Famous "Law of the Land" Clause

The quote, "No man shall be taken or imprisoned, disseized or outlawed, or exiled, or in any way destroyed save... by the law of the land,” speaks to a fundamental principle of justice: that individuals cannot be deprived of their rights or liberty arbitrarily. Actions against a person must follow established legal procedures, not the whims of rulers. This concept is often seen as a precursor to modern ideas of due process and the rule of law.

Examining the Options

Let's look at where this significant clause originated:

• Bill of Rights: While the Bill of Rights (both the English one from 1689 and the US one from 1791) protects individual liberties, this specific phrasing is older.
• Universal Declaration of Human Rights: This is a landmark document from 1948, proclaiming universal human rights. While it upholds similar principles, the exact wording comes from a much earlier source.
• Magna Carta: This historic charter, agreed to by King John of England in 1215, is renowned for limiting the power of the monarch and establishing certain legal rights. The principle that justice should be administered according to the "law of the land" is a cornerstone of Magna Carta.
• The Protection of Human Rights Act 1993: This is a piece of legislation specific to India, enacted much later than the origin of the quoted clause.

Historical Significance of Magna Carta

The Magna Carta is widely considered one of the most important documents in the development of constitutional law. Specifically, Clause 39 (in the 1215 version) states:

"No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land."

This clause directly addresses the wording in the question, emphasizing that punishments and deprivations must be carried out according to established legal judgment and the law of the land, not by arbitrary decree. It laid the groundwork for protecting individuals from the absolute power of the sovereign.

Therefore, the famous clause restricting arbitrary deprivation of liberty exists within the Magna Carta.