ARTICLE 21 OF THE INDIAN CONSTITUTION- ALL YOU NEED TO KNOW

ARTICLE 21 OF THE INDIAN CONSTITUTION

INTRODUCTION:

Under the Indian constitution article 21 is related to the right to life and personal liberty. Article 21 is the heart of the Indian constitution. This is one of the important articles in the Indian constitution and wider as well. And another point is Due process of law which is taken from the British Country we can say that source of the Indian constitution.

HISTORICAL POINT OF ARTICLE 21:

The constituent assembly was charged with the duty of managing the affairs and drafting a new constitution. First meeting: 9th December 1946 and last meeting 26th November 1949.

An interim report was presented by the advisory committee on minorities and fundamental rights and the clause 9 says, “No person shall be deprived of his life and liberty, without due process of law, nor shall any person be denied the equal treatment of the laws within the territory of Union”.

Which was accepted with some changes liberty with personal law and without due process of law with except according to the procedure established by law.

RIGHT TO FREEDOM:

It include 5 article of Indian constitution, Article 19, 20, 21,21A, 22. Article 19says, the right to six democratic freedom and Article 20 says, protection conviction for offenses, article 21 relates to the protection of the right to life and personal liberty, article 21A the right to education, and last is article 22 which says, protection against arrest and detention.

ARTICLE 21 OF THE 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.

EXPLANATION OF THE ARTICLE 21:

This article comes under part three of the Indian constitution which deals with a fundamental right. Each and every word in this article have a separate meaning. This right is available to every person and foreigners.

THE PROCEDURE ESTABLISHED BY LAW:

The state can follow the procedures prescribed by the law in order to curtail or deprived the person of his right to life and personal liberty. Validity of law that has been prescribed a procedure not be questioned on the ground of being reasonable, just, and fair.

Article 21 compresses two things:

  1. Right to life
  2. Right to personal liberty.

The Supreme court held that the right to life is not merely confined to animal existence or survival. It includes the right to live with human dignity and all those aspects of life which go to make it meaningful, complete, and worth living.

RIGHT TO LIFE:

In this we can see that we have the golden triangle which is provided by the Meneka Gandhi case, golden triangle comprises three articles are, article 14,19, and 21. Right to life includes right to die with dignity as well.

ARTICLE 21 INCLUDES MANY OTHER RIGHTS FOR EVERY PERSON:

  1. Right to privacy – the specific case is, KS Puttaswami Vs Union of India.
  2. Right to education- article 21 A which was added by the 86th amendment 2002
  3. Right to go abroad
  4. Right to shelter
  5. Right against solitary confinement
  6. Right to a fair trial
  7. Right to hearing
  8. Right to information
  9. Right to sleep
  10. Right to speedy trial etc.

There are many cases related to the article 21, for the explanation of article 21:

AK Gopalan V state of Madras: In this case, the main issue is regarding the due process of law and procedure established by law. Supreme Court held that the state can deprive the life and personal liberty of a person based on law. After this case next case is, Menaka Gandhi Vs Union of India 1978, in this case, SC held gave the concept of the Golden triangle which is articles 14,19, and 21, and overruled the effect of the AK Gopalan case and said, article 21 provides protection against arbitrary executive action as well as arbitrary legislative action. In a way, the court has introduced the American expression- “Due process of law” in article 21.

Other cases like Francis Coralie Mullin Vs Union Territory of Delhi 1981, Olga Tellis Vs. Bombay Municipal Corporation 1985 and Unni Krishna Vs. State of Andhra Pradesh 1993 in which SC said that the validity of the law can be challenged

ARTICLE 21 OF THE INDIAN CONSTITUTION AND HUMAN RIGHTS:

Human rights include the right to freedom, equality, and equal justice. No discrimination between the people or different countries of religion or caste. It provides the right to live with human dignity.

After the Keshavanda Bharati case on 24 April 1976, parliament could not amend the basic structure because in this case the basic structure doctrine was discussed.

CONCLUSION:

The constitution is Fundamental law of the land and the power is divided under the constitution into three main governing bodies those are Legislative Executive and Judiciary. In our constitution, every citizen gets the rights and duties and the right which is provided under part three of the constitution of India, every right comes with reasonable restrictions which are again in the same article. In this manner, article 21 is not absolute even though it talks about the person’s right to life and personal liberty this is also restricted by procedure established by law.

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