Article 21 of Indian Constitution - Detailed Analysis

Article 21 of Indian Constitution stands as a sentinel of individual rights asserting that "No person shall be deprived of his life or personal liberty except according to procedure established by law." The provision encapsulates the essence of the right to life and personal liberty so that any deprivation adheres to a lawful and just procedure. Over time judicial interpretations have significantly expanded its ambit embedding various facets essential for a dignified existence. Explore in-depth analysis of other Constitutional Articles.

Download 5 Key takeaways on Article 21 of Indian Constitution

Article 21 of Indian Constitution

Protection of life and personal liberty

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

Note : "The information provided above has been sourced from the official website i.e Indian Code. While the content has been presented here for reference no modifications have been made to the original laws and orders" 

At its core, Article 21 of the Indian Constitution guarantees two fundamental rights: the right to life and the right to personal liberty. Initially, the judiciary interpreted these rights narrowly, focusing primarily on protection against physical harm or unlawful detention. However, subsequent judicial pronouncements have broadened the scope recognizing that the right to life encompasses more than mere animal existence; it includes the right to live with dignity incorporating necessities such as adequate nutrition, clothing, shelter and access to basic amenities . The term " procedure established by law " implies that any process leading to the deprivation of these rights must be fair, just and reasonable, free from arbitrariness . 

Article 21 of Indian Constitution : Landmark Cases

Under the Indian Constitution Several judicial pronouncements have shaped the understanding and implementation of Article 21:

• A.K. Gopalan v. State of Madras (1950): The case of A.K.Gopalan marked the Supreme Court's initial interpretation of Article 21, where the Court upheld the validity of the Preventive Detention Act, 1950, ruling that the protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action. 
• Maneka Gandhi v Union of India (1978) : In the case of  Maneka Gadhi there has been a significant shift, the Supreme Court overruled its earlier stance, holding that the procedure established by law must be fair, just, and reasonable. This case established the interconnection between Articles 14, 19, and 21, forming the 'golden triangle' of the Constitution.
• Olga Tellis v. Bombay Municipal Corporation (1985): The Court recognized the right to livelihood as an integral part of the right to life, ruling that eviction of pavement dwellers without providing alternative shelter violated Article 21. 
• Justice K.S. Puttaswamy (Retd.) v. Union of India (2017): In the case of Puttaswamy, a nine-judge bench unanimously held that the right to privacy is protected under Article 21, emphasizing its role as an intrinsic part of the right to life and personal liberty. 

The significance of Article 21 of the Indian Constitution lies in its expansive interpretation which has led to the inclusion of various rights essential for a dignified life. These include the right to privacy, right to a clean environment, right to health and right to education among others . The proactive approach of judiciary in interpreting Article 21 has transformed it into a repository of unenumerated rights for comprehensive protection of human dignity . 

Article 21 of Indian Constitution : Developments and Amendments

While Article 21 itself has not undergone textual amendments its interpretation has evolved remarkably through judicial pronouncements . The shift from a narrow to a broad interpretation has been instrumental in recognizing and enforcing various socio economic rights . Notably the inclusion of the right to privacy as a fundamental right in the Puttaswamy case marked a significant development influencing subsequent legislation and policies.

Conclusion

Article 21 of Indian Constitution embodies the essence of fundamental rights so that every individual enjoys protection of life and personal liberty through fair and just legal procedures . Its dynamic interpretation by the judiciary has expanded its ambit encompassing a multitude of rights vital for human dignity . As society evolves Article 21 continues to serve as a beacon of hope safeguarding the intrinsic rights of individuals against arbitrary deprivation .