Article 21 of the Costitution of India with Case law
🔹 Article 21 of the Constitution of India is one of the most significant and far-reaching provisions. It guarantees the fundamental right to life and personal liberty.
🧾 Text of Article 21 – Protection of Life and Personal Liberty
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
🔍 Explanation of Article 21
Article 21 ensures that every individual, including non-citizens, has the right to live with dignity, freedom, and security. However, this right is not absolute. A person can be deprived of it only by following a just, fair, and reasonable legal procedure.
Originally, Article 21 had a narrow scope, but post-1978, the Supreme Court of India interpreted it widely, covering a variety of rights under its umbrella.
🧷 Important Rights Included Under Article 21 (via judicial interpretation)
Right to live with human dignity
Right to privacy
Right to clean environment
Right to education (now reinforced by Article 21A)
Right to legal aid
Right to speedy trial
Right to shelter
Right to medical care
Right to travel abroad
Right against custodial violence
Right to die with dignity (Passive Euthanasia)
⚖️ Landmark Case Laws on Article 21
1. Maneka Gandhi v. Union of India (1978 AIR 597)
Held: The expression “procedure established by law” must be just, fair, and reasonable, not arbitrary.
Significance: Expanded the scope of Article 21 dramatically. Linked it to Articles 14 (equality) and 19 (freedom).
2. Kharak Singh v. State of U.P. (AIR 1963 SC 1295)
Recognized privacy as a component of personal liberty.
Though the majority opinion did not fully accept the right to privacy, it laid the groundwork.
3. Justice K.S. Puttaswamy v. Union of India (2017 10 SCC 1)
Held: Right to privacy is a fundamental right under Article 21.
Overruled previous judgments like M.P. Sharma and Kharak Singh (partially).
4. Hussainara Khatoon v. State of Bihar (1979 AIR 1369)
Highlighted the right to free legal aid and speedy trial as fundamental to Article 21.
5. Olga Tellis v. Bombay Municipal Corporation (AIR 1986 SC 180)
Held: Right to livelihood is part of the right to life.
6. Subhash Kumar v. State of Bihar (1991 AIR 420)
Recognized the right to pollution-free water and air as part of Article 21.
7. Common Cause v. Union of India (2018) – Passive Euthanasia
Held: The right to die with dignity is a part of Article 21.
Allowed passive euthanasia under strict guidelines.
8. Sunil Batra v. Delhi Administration (AIR 1978 SC 1675)
Held: Torture and inhuman treatment of prisoners violates Article 21.
9. Francis Coralie Mullin v. Administrator, Union Territory of Delhi (AIR 1981 SC 746)
Held: Right to life includes the right to live with human dignity and all that goes with it.
📌 Summary Table
| Component | Judicial Interpretation |
|---|---|
| Life | More than mere animal existence; includes dignity, health |
| Personal Liberty | Freedom from arbitrary arrest, detention |
| Procedure | Must be just, fair, reasonable — not arbitrary |
| Applicable to | All persons, not just Indian citizens |
🧠 Conclusion
Article 21 is a living provision — its scope and depth continue to evolve through judicial interpretation. It acts as a bulwark against the arbitrary exercise of state power, ensuring that individual freedoms are protected in every possible dimension.
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