Analysis of Article 21 of constitution of India
By: Tannu| 8 July, 2023
Analysis of Article 21 of constitution of India
By: Tannu| 8 July, 2023
Introduction:-
Article 21 of the Indian Constitution is a fundamental right that guarantees the protection of life and personal liberty. It is considered one of the most important and fundamental provisions of the Constitution. Article 21 of the Indian Constitution, in simple terms, guarantees two important rights to every person in the country: the right to life and the right to personal liberty.
Interpretation of Article 21 of indian constitution :-
Article 21 of the Indian Constitution states, "No person shall be deprived of his life or personal liberty except according to the procedure established by law." This concise yet powerful declaration forms. It means that no person shall be arbitrarily deprived of his life or personal liberty unless it is done in accordance with the procedures established by law.
Meaning:-
In simple wordsit means that every person has the right to life and personal liberty, and no one can take away these rights unless it is done with the procedure established by law.
Historical background of Article 21:-
Article 21 finds its way at the time of universal declaration of human rights “UDHR”. So the framers of indian constitution also thinks about this and include this provision in constitution.
Nature and scope of Article 21 of indian constitution:-
1. Absolute right:- The right to life and personal liberty under Article 21 is considered an absolute right because it cannot be suspended except under conditions provided by law.
2. PersonalLiberty:- Article 21 also guarantees personal liberty, which means individuals have the right to be free and make choices about their lives.
It includes freedom of movement, freedom to express opinions, freedom to practice religion, and other personal freedoms.
3. RighttoPrivacy:-The right to privacy has gained importance as an inherent part of Article 21.
landmarkjudgmentJusticeK.S.Puttaswamyv. UnionofIndia (2017):- the Supreme Court recognized privacy as a fundamental right from Article 21.
4. SocialWelfareandEnvironmentalRights:- Article 21 also promotes social welfare and environmental protection. It includes the right to a clean environment, right to healthcare, and right to education as integral to the right to life.
Case laws:- Maneka Gandhi v. Union of india ( 1978) :- Supreme Court held that right to life Article 21 also include the right to live with dignity.
Case laws:- Olga Tellis v. Bombay Municipal Corporation (1985) :-The Supreme Court held that right to livelihood is integral part of right to life.
Conclusion:-
Article 21 of the Indian Constitution guarantees the right to life and personal liberty.This rightinclude the right to travel, the right to livelihood, the right to reproductive choices, and the right to die with dignity.