What is Article 21 of Indian constitution |
Article 21 of the Indian Constitution is one of the most important fundamental rights. It reads:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
🔍 Explanation of Article 21
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"Life" here means more than just animal existence. It includes the right to live with dignity, health, education, clean environment, livelihood, and more.
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"Personal Liberty" means the freedom of an individual to do as they wish, within the bounds of law.
This Article acts as a safeguard against arbitrary state actions.
⚖️ Key Points:
Aspect | Details |
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Type of Right | Fundamental Right (Part III of Constitution) |
Available to | All persons (citizens + foreigners) |
Can it be suspended? | No, not even during Emergency (after 44th Amendment) |
🏛️ Landmark Judgments under Article 21:
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Maneka Gandhi v. Union of India (1978)
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Expanded the meaning of “personal liberty.”
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Procedure must be just, fair, and reasonable, not arbitrary.
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Olga Tellis v. Bombay Municipal Corporation (1985)
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Right to livelihood is part of the right to life.
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Francis Coralie Mullin v. Union Territory of Delhi (1981)
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Right to life includes right to live with dignity.
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Justice K.S. Puttaswamy v. Union of India (2017)
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Recognized Right to Privacy as a part of Article 21.
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🧾 Rights Included under Article 21:
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Right to live with dignity
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Right to livelihood
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Right to privacy
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Right to shelter
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Right to health
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Right to education (also supported by Article 21A)
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Right to clean environment
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Right against custodial torture
📌 Summary:
Article 21 is the soul of the Constitution.
It ensures that the State cannot take away your life or freedom unless through a fair legal process. Its interpretation has evolved to make it one of the most powerful protections for individuals in India.
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