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What is Article 21 of Indian constitution| “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

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

  • "Life" here means more than just animal existence. It includes the right to live with dignity, health, education, clean environment, livelihood, and more.

  • "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
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:

  1. Maneka Gandhi v. Union of India (1978)

    • Expanded the meaning of “personal liberty.”

    • Procedure must be just, fair, and reasonable, not arbitrary.

  2. Olga Tellis v. Bombay Municipal Corporation (1985)

    • Right to livelihood is part of the right to life.

  3. Francis Coralie Mullin v. Union Territory of Delhi (1981)

    • Right to life includes right to live with dignity.

  4. Justice K.S. Puttaswamy v. Union of India (2017)

    • Recognized Right to Privacy as a part of Article 21.


🧾 Rights Included under Article 21:

  • Right to live with dignity

  • Right to livelihood

  • Right to privacy

  • Right to shelter

  • Right to health

  • Right to education (also supported by Article 21A)

  • Right to clean environment

  • 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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