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:

  1. Universal Protection:

    • It applies to citizens and non-citizens alike.
    • Covers everyone including foreigners and stateless persons within India.
  2. 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.
  3. 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.

🧠 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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