article 21 of the indian constitution

Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty. It is one of the most fundamental and important rights under the Constitution. The provision states:

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Key Aspects of Article 21:

  1. Right to Life: The term “life” has been interpreted by the Supreme Court of India in a broad sense. It not only refers to mere existence but includes the right to live with dignity and all the conditions that make life meaningful. This has been extended to cover a range of rights, such as:
    • Right to a healthy environment.
    • Right to clean water and air.
    • Right to livelihood.
    • Right to privacy.
    • Right to shelter.
    • Right to education.
  2. Personal Liberty: The right to personal liberty is protected under Article 21. It ensures that no person can be arbitrarily deprived of their freedom. It encompasses protection from arbitrary arrest, detention, and restrictions on movement.
  3. Due Process of Law: The phrase “except according to procedure established by law” means that a person can only be deprived of life or liberty in accordance with a fair and just legal process. This means that any action taken by the state or its authorities to limit a person’s liberty must be in accordance with a law that is reasonable, just, and not arbitrary.

Expansion of the Right: Over the years, the Supreme Court of India has interpreted Article 21 in a broader context to include several other rights, including:

  • Right to a fair trial.
  • Right to legal aid.
  • Right to privacy (as declared in 2017).
  • Right to live with human dignity.
  • Right to health and medical care.

Landmark Cases:

  • Maneka Gandhi v. Union of India (1978): The Court expanded the interpretation of Article 21, asserting that “life” includes the right to live with dignity and that the “procedure” should be fair, just, and reasonable.
  • K.S. Puttaswamy v. Union of India (2017): The Supreme Court recognized the Right to Privacy as a fundamental right under Article 21.

In summary, Article 21 provides a broad and comprehensive guarantee of the right to life and personal liberty, ensuring that no one can be deprived of these fundamental aspects except through a fair and legal process.

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