Article 21 of the Indian Constitution states:
No person shall be deprived of his life or personal liberty except according to procedure established by law.
- This right is available to both citizens and non-citizens.
- It is one of the most fundamental rights and cannot be suspended even during an emergency.
Evolution and Judicial Interpretation
A.K. Gopalan Case (1950) – Gave a narrow interpretation, stating that Article 21 only protects against executive action, not legislative action.
Maneka Gandhi Case (1978) – Expanded its scope to include a dignified life, making it a broad and dynamic right.
Kesavananda Bharati Case (1973) – Recognized Article 21 as part of the basic structure of the Constitution.
Components of Right to Life and Personal Liberty
Over time, the Supreme Court has expanded the interpretation of Article 21 to include several rights, such as:
1. Right to Live with Dignity – Ensures that life is not just limited to mere survival but includes a dignified existence.
2. Right to Education – Included under Article 21A by the 86th Constitutional Amendment, 2002.
3. Right to Food – Ensures availability of nutritious food as per Article 47 (Directive Principles).
4. Right to Health and Medical Assistance – Recognized in Bandhua Mukti Morcha vs. Union of India (1984).
5. Right to Clean Air and Environment – Recognized in cases like MC Mehta vs. Union of India (1986).
6. Right to Privacy – Declared a fundamental right in Justice K.S. Puttaswamy Case (2017).
7. Right to Bail and Speedy Trial – Established in Hussainara Khatoon Case (1979).
8. Right to Euthanasia – Passive euthanasia was legalized in Common Cause Case (2018).
Importance of Article 21
Protects Individual Freedom – Ensures that life and liberty are safeguarded from arbitrary actions.
Forms the Basis of Welfare Policies – Leads to government initiatives for healthcare, education, and food security.
Strengthens Democracy and Rule of Law – Ensures fair treatment by the state.
Guides Judicial Activism – Courts have expanded its scope through Public Interest Litigations (PILs).
Conclusion
Article 21 is the backbone of Fundamental Rights, ensuring a life of dignity and liberty for every individual.
The judiciary has played a crucial role in expanding its scope, making it one of the most progressive rights in India.