Article 21 of the Indian Constitution
Article 21 of the Indian Constitution is one of the most important and fundamental rights guaranteed to every person in India. It reads:
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
🔍 Key Features of Article 21:
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Universal Protection:
- It applies to citizens and non-citizens alike.
- Covers everyone including foreigners and stateless persons within India.
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Life and Personal Liberty:
- "Life" means more than mere animal existence—it includes right to live with dignity, right to health, clean environment, education, privacy, etc.
- "Personal liberty" includes freedom from arbitrary arrest, detention, and all actions that take away the dignity of an individual.
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Due Process of Law:
- Originally interpreted narrowly ("procedure established by law"), but after the Maneka Gandhi case (1978), the Supreme Court expanded it to mean:
- The procedure must be just, fair, and reasonable.
- Arbitrary or oppressive laws are not acceptable.
- Originally interpreted narrowly ("procedure established by law"), but after the Maneka Gandhi case (1978), the Supreme Court expanded it to mean:
🧠 Important Judicial Interpretations:
Case Name | Year | Contribution |
---|---|---|
Maneka Gandhi v. Union of India | 1978 | Expanded Article 21 to include due process; interlinked it with Articles 14 & 19. |
Francis Coralie Mullin v. UT of Delhi | 1981 | Right to live with human dignity, includes food, clothing, shelter, education. |
Olga Tellis v. Bombay Municipal Corp. | 1985 | Right to livelihood is part of right to life. |
K.S. Puttaswamy v. Union of India | 2017 | Declared Right to Privacy as a fundamental right under Article 21. |
📜 Examples of Rights under Article 21:
- Right to live with dignity
- Right to health and medical care
- Right to shelter
- Right to education (now also under Article 21-A)
- Right to clean air and environment
- Right to privacy
- Right against sexual harassment
- Right to die with dignity (passive euthanasia, 2018)
🧾 Summary:
Article 21 is the heart of Fundamental Rights in India. It is a dynamic and evolving right, interpreted expansively by the judiciary to include a wide range of human rights necessary for a dignified life.
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