When it comes to exploring fundamental laws of the Indian Constitution, Article 21 holds a specific relevance. A law offering Security & Liberty. Let’s explore.
Well, as the title suggests, in this section of the discussion, we are all set to take a deeper dive into the pool of Article 21, a law that protects the life of every individual irrespective of any circumstances and under all the terms and conditions. Knowing about Article No. 21 of Indian Constitution becomes mandatory as it lays emphasis on the fundamental aspects of an individual’s Right to Life and Personal Liberty.
So, let’s get started!
Article 21 Of Indian Constitution: An Introduction
As per the provision stated in the Constitution of India, Article 21 reads as follows:
“No person shall be deprived of his life or personal liberty except according to procedure established by the law ”
Article 21 Of Indian Constitution: Meaning, Scopes & Interpretation
Meaning and Scope of Article 21:
The Article 21 majorly covers two parts:
- Right to Life
- Right to Personal Liberty.
- Right To Life
‘Right To Life’ of Article 21 of Indian Constitution covers a broader aspect of ‘life’ as it goes beyond the physical act of breathing or connotes mere animal existence. It includes the Right to live life with dignity, Right to Privacy, Right to livelihood, Right against Arbitrary Detention, Right to Health and Medical facilities, Right to Pollution-free air, etc.
- Right To Personal Liberty
Right To Personal Liberty of Article 21 of Indian Constitution covers all important aspects of protection extended to individuals from arbitrary exercise of power. It ensures that the laws are applied impartially and provides a forum for individuals to seek redress for their grievances
Article 21 of The Indian Constitution: Scopes Of Right To Life & Personal Liberty
- Right To Live With Human Dignity
‘Right To Live With Human Dignity’- a right which is considered to be one of the fundamental rights that comprise and is applicable to national constitutions, international law and all judicial proceedings. This law is composed of different elements that ensure an individual is able to live his/her life free from humiliation and suffering and allows them to live with sovereignty, respect and fulfillment. Core components of this law include basic needs, social and cultural rights, physical and mental well-being, environmental sustainability and self-determination and personal autonomy.
- Right To Livelihood
The right of livelihood is one of the scopes of Article 21 of Indian Constitution allowing every individual to avail of equal rights to livelihood irrespective of their gender and societal status along with essential resources like water, shelter, food, etc. Additionally, it allows people to live a life free from squalor and poverty in an instance where there is no income.
- Right to Food
The National and International legal system allows and recognizes the right to food for every individual as a basic human right. Adding more to the same thread, this right also ensures that people are able to access all the necessary nutrition in their food required for their livelihood, giving rise to the Right to Nutritional Food as a part of the right to life and dignity.
The court has provided a list of rights that are covered under Article 21 as per the judgements made previously. These are as follows:
- Right to privacy
- Right to shelter
- Right to go abroad
- Right against solitary confinement
- Right against handcuffing
- Right to social justice and economic empowerment
- Right against custodial death
- Right to Doctors’ assistance
- Right against delayed execution
- Right against public hanging
- Protection of cultural heritage
- Right to pollution-free water and air
- Right of every child to a full development
- Right to health and medical aid
- Right to education: Article 21 A of Indian Constitution
- Protection of under-trials
Interpretation Of Article 21
The scope of Article 21 is not narrow and restricted because of various developments emerged out of judicial intervention in history. Some of the cases are as follows:
- AK Gopalan Case (1950): Until the 1950s, Article 21 was a little narrow in terms of its scope. However, in this case, the Supreme Court made an intervention and held an expression where the ‘procedure established by the law’ to the Constitution.
- Maneka Gandhi Vs Union Of India Case (1978): In this case, the Supreme Court held an expression that stated Article 19 & Article 21 are not watertight compartments and on an overall aspect. It widened the scope of Article 21 as it provided additional protection to the rights under Article 19. Thus the court said that law under Article 21 also needs to satisfy all the requirements of Article 19. This means that any procedure under the law for the deprivation of life or liberty of a person must not be unfair, unreasonable or arbitrary.
On A Final Note
Article 21 is one of the fundamental laws that offers security to life and personal liberty for every individual. Certain interventions of the judiciary have widened the scope and exercise of this law providing more of the essence of protection, security and liberty.
To explore and study more about this law from the law professionals, join Vydehi Institute of Law today. Admissions are open for 2025-26 batches.
𝐅𝐨𝐫 𝐦𝐨𝐫𝐞 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧:
𝐂𝐨𝐧𝐭𝐚𝐜𝐭: 9844690261, 080-61111111,
080-61111124, 08049069000,
𝐖𝐞𝐛𝐬𝐢𝐭𝐞: https://vil.ac.in
principal.law@vimsmail.com