Article 21 of Constitution of India
Article 21 – Protection of Life and Personal Liberty
Text of Article 21:
“No person shall be deprived of his life or personal liberty except according to the procedure established by law.”
Key Features of Article 21:
Life and Personal Liberty:
Guarantees right to life and personal liberty to every person, not just citizens.
Procedure Established by Law:
Any deprivation must follow a legal procedure.
Initially, it only required a procedure under the law; the law could theoretically restrict rights.
Judicial Interpretation – Expansion of Scope:
Over time, courts interpreted Article 21 broadly to include protection of human dignity and other derivative rights.
Key Case Law on Article 21:
A.K. Gopalan v. State of Madras (1950):
Early interpretation.
Court held that “procedure established by law” could allow preventive detention; personal liberty was subject to legal restrictions.
Maneka Gandhi v. Union of India (1978):
Landmark case expanding Article 21.
Held that procedure must be “just, fair, and reasonable” (read in conjunction with Article 14).
Introduced the principle of due process of law in India.
Francis Coralie Mullin v. Union Territory of Delhi (1981):
Right to life includes right to live with human dignity, adequate nutrition, and shelter.
Olga Tellis v. Bombay Municipal Corporation (1985):
Right to life includes the right to livelihood.
Eviction of pavement dwellers without alternative housing violated Article 21.
Kharak Singh v. State of Uttar Pradesh (1963):
Police surveillance and domiciliary visits infringed personal liberty, even if sanctioned by law.
Subhash Kumar v. State of Bihar (1991):
Environmental degradation affecting health and life violates Article 21.
Derivative Rights Under Article 21:
Over time, Article 21 has been interpreted to include:
| Right Derived | Explanation | Case Law |
|---|---|---|
| Right to Livelihood | Cannot be deprived of means of living | Olga Tellis v. BMC (1985) |
| Right to Privacy | Personal privacy protected | K.S. Puttaswamy v. Union of India (2017) |
| Right to Health & Medical Care | Life includes health protection | Paschim Banga Khet Mazdoor Samity v. State of WB (1996) |
| Right to Shelter | Adequate housing protection | Chameli Singh v. State of UP (1996) |
| Right to Clean Environment | Environmental protection | Subhash Kumar v. State of Bihar (1991) |
| Right to Dignity | Life with dignity, respect, and freedom | Francis Coralie Mullin v. Delhi (1981) |
Significance of Article 21:
Broad and Expansive Protection:
Not limited to physical existence; includes human dignity, livelihood, and health.
Checks on State Power:
Any law or action depriving life or liberty must be just, fair, and reasonable.
Foundation for Judicial Activism:
Article 21 has been the basis for public interest litigation in India.
Conclusion:
Article 21 is the most vital Fundamental Right in the Indian Constitution. It guarantees life and personal liberty but also includes a wide range of derivative rights like livelihood, privacy, shelter, health, and dignity. The Supreme Court has progressively expanded its scope to ensure protection against arbitrary deprivation by the state.
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