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 – Protection of Life and Personal Liberty

Text of Article 21:
"No person shall be deprived of his life or personal liberty except according to procedure established by law."

At first glance, Article 21 looks deceptively short. But over the decades, it has grown into one of the most expansive and powerful provisions in the Indian Constitution. It has been called the “heart of fundamental rights” because it safeguards the most basic right — the right to live with dignity.

Historical Background

During British colonial rule, individual liberty was often trampled by arbitrary arrests, unfair trials, and preventive detentions. The framers of our Constitution, having experienced such repression firsthand — especially during events like the Rowlatt Act of 1919 and the Emergency-like powers under Defence of India Acts during both World Wars — wanted a constitutional guarantee that life and liberty could not be taken away without legal safeguards.

Originally, Article 21 was interpreted narrowly by the Supreme Court. In A.K. Gopalan v. State of Madras (1950), the Court held that "procedure established by law" simply meant any procedure enacted by the legislature, no matter how unfair. This meant Parliament could pass a law to restrict liberty, and as long as due process in that law was followed, it would be valid.

However, this changed drastically in 1978 with the landmark case of Maneka Gandhi v. Union of India, where the Court held that the procedure must be “just, fair, and reasonable” — bringing the concept closer to “due process of law” in the US Constitution.

Scope of Article 21

Article 21 protects two core values:

(a) Right to Life

Not just the act of being alive, but the right to live with human dignity.
Includes all aspects that make life meaningful — clean environment, health, education, livelihood, shelter, privacy, etc.
Example: The Supreme Court in Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981) said life means more than mere animal existence.

(b) Right to Personal Liberty

Protection from arbitrary arrest, detention, or restrictions on movement.
It covers freedoms like travel abroad (Satwant Singh Sawhney v. Assistant Passport Officer, 1967), right to privacy (Justice K.S. Puttaswamy v. Union of India, 2017), and protection from torture.

Landmark Judgments Expanding Article 21

Over time, the judiciary has read several implied rights into Article 21. Some of the most important are:

1. Maneka Gandhi v. Union of India (1978) – Due process must be fair, just, and reasonable.

2. Francis Coralie Mullin (1981) – Right to live with dignity is part of right to life.

3. Olga Tellis v. Bombay Municipal Corporation (1985) – Right to livelihood.

4. Subhash Kumar v. State of Bihar (1991) – Right to clean environment.

5. Puttaswamy (2017) – Right to privacy as a fundamental right.

6. Common Cause v. Union of India (2018) – Right to die with dignity (passive euthanasia).

Emergencies and Article 21

Unlike some other rights, Article 21 cannot be suspended even during a national emergency (after the 44th Amendment, 1978). This makes it one of the most non-derogable rights in our Constitution.

Importance Today

In the modern era, Article 21 has become a foundation for protecting:

Digital privacy
Rights of prisoners
Environmental protection
Medical rights and health care
Gender equality in personal liberty matters

It has transformed from a short, simple sentence into a vast source of human rights jurisprudence in India.

50 MCQs on Article 21 – Protection of Life and Personal Liberty

1. Article 21 applies to:
A) Only citizens
B) Only residents
C) All persons including foreigners
D) Only Parliament members
Answer: C) All persons including foreigners

2. “No person shall be deprived of his life or personal liberty except according to procedure established by law” is the text of:
A) Article 19
B) Article 20
C) Article 21
D) Article 22
Answer: C) Article 21

3. Which case gave the earliest interpretation of Article 21?
A) Maneka Gandhi v. Union of India
B) Kesavananda Bharati v. State of Kerala
C) A.K. Gopalan v. State of Madras
D) Puttaswamy v. Union of India
Answer: C) A.K. Gopalan v. State of Madras

4. “Procedure established by law” originally meant:
A) Any procedure in any law
B) Fair, just and reasonable procedure
C) Due process of law
D) Natural justice always applies
Answer: A) Any procedure in any law

5. Which judgment expanded Article 21’s scope by linking it to Articles 14 and 19?
A) A.K. Gopalan case
B) Maneka Gandhi case
C) ADM Jabalpur case
D) Kharak Singh case
Answer: B) Maneka Gandhi case

6. The right to live with human dignity was emphasized in:
A) Olga Tellis case
B) Francis Coralie Mullin case
C) Subhash Kumar case
D) Satwant Singh Sawhney case
Answer: B) Francis Coralie Mullin case

7. The right to livelihood was recognized under Article 21 in:
A) Olga Tellis case
B) M.C. Mehta case
C) Sunil Batra case
D) ADM Jabalpur case
Answer: A) Olga Tellis case

8. The right to travel abroad was recognized in:
A) Satwant Singh Sawhney case
B) Maneka Gandhi case
C) Kharak Singh case
D) Francis Coralie Mullin case
Answer: A) Satwant Singh Sawhney case

9. The right to a pollution-free environment was recognized in:
A) Subhash Kumar case
B) Olga Tellis case
C) Sunil Batra case
D) Francis Coralie Mullin case
Answer: A) Subhash Kumar case

10. The right to privacy was recognized as a fundamental right in:
A) Puttaswamy case
B) Maneka Gandhi case
C) ADM Jabalpur case
D) A.K. Gopalan case
Answer: A) Puttaswamy case

11. Passive euthanasia was recognized under Article 21 in:
A) Common Cause case
B) Gian Kaur case
C) Aruna Shanbaug case
D) All of the above
Answer: D) All of the above

12. Which amendment made Article 21 non-suspendable during emergency?
A) 42nd Amendment
B) 44th Amendment
C) 24th Amendment
D) 52nd Amendment
Answer: B) 44th Amendment

13. Which case is infamous for denying Article 21 rights during emergency?
A) ADM Jabalpur case
B) A.K. Gopalan case
C) Maneka Gandhi case
D) Francis Coralie Mullin case
Answer: A) ADM Jabalpur case

14. Which later case overruled ADM Jabalpur?
A) Puttaswamy case
B) Maneka Gandhi case
C) Olga Tellis case
D) Subhash Kumar case
Answer: A) Puttaswamy case

15. Which case linked phone tapping to privacy under Article 21?
A) PUCL v. Union of India
B) Satwant Singh Sawhney case
C) Sunil Batra case
D) Olga Tellis case
Answer: A) PUCL v. Union of India

16. The right to free legal aid comes under:
A) Article 39A only
B) Article 21
C) Article 32
D) Article 226
Answer: B) Article 21

17. Right against handcuffing without justification was held under Article 21 in:
A) Sunil Batra case
B) Prem Shankar Shukla case
C) Olga Tellis case
D) Puttaswamy case
Answer: B) Prem Shankar Shukla case

18. Prisoners’ rights under Article 21 were highlighted in:
A) Sunil Batra case
B) ADM Jabalpur case
C) Subhash Kumar case
D) Francis Coralie Mullin case
Answer: A) Sunil Batra case

19. Right to speedy trial was recognized in:
A) Hussainara Khatoon case
B) Olga Tellis case
C) Puttaswamy case
D) Maneka Gandhi case
Answer: A) Hussainara Khatoon case

20. Right to sleep on pavements without harassment (until lawfully evicted) was discussed in:
A) Subhash Kumar case
B) Olga Tellis case
C) Kharak Singh case
D) Francis Coralie Mullin case
Answer: B) Olga Tellis case

21. Article 21 is enforceable through:
A) Only Supreme Court
B) Supreme Court and High Courts
C) Only Parliament
D) Only President
Answer: B) Supreme Court and High Courts

22. The term “life” in Article 21 includes:
A) Only physical existence
B) Dignified life
C) Minimum wages only
D) Political rights only
Answer: B) Dignified life

23. The right to education up to age 14 was first recognized under Article 21 in:
A) Unnikrishnan case
B) Mohini Jain case
C) Puttaswamy case
D) Maneka Gandhi case
Answer: B) Mohini Jain case

24. Unnikrishnan case clarified that right to education is a part of:
A) Article 19
B) Article 21
C) Article 15
D) Article 14
Answer: B) Article 21

25. Which case stated that the right to reputation is part of right to life?
A) Subramanian Swamy v. Union of India
B) Olga Tellis case
C) Kharak Singh case
D) PUCL case
Answer: A) Subramanian Swamy v. Union of India

26. Which case stated that right to shelter is a part of right to life?
A) Shantistar Builders v. Narayan Khimalal Totame
B) Olga Tellis case
C) Subhash Kumar case
D) Francis Coralie Mullin case
Answer: A) Shantistar Builders v. Narayan Khimalal Totame

27. Right to emergency medical aid in hospitals was recognized in:
A) Parmanand Katara v. Union of India
B) Olga Tellis case
C) Francis Coralie Mullin case
D) M.C. Mehta case
Answer: A) Parmanand Katara v. Union of India

28. Right against solitary confinement comes under:
A) Article 14
B) Article 19
C) Article 21
D) Article 22
Answer: C) Article 21

29. The term “personal liberty” was first interpreted in:
A) A.K. Gopalan case
B) Maneka Gandhi case
C) Kharak Singh case
D) Sunil Batra case
Answer: A) A.K. Gopalan case

30. Which judgment linked custodial violence to violation of Article 21?
A) D.K. Basu v. State of West Bengal
B) Olga Tellis case
C) Puttaswamy case
D) Unnikrishnan case
Answer: A) D.K. Basu v. State of West Bengal

31. Article 21 protection is available against:
A) Private individuals only
B) State action only
C) Both State and private in some cases
D) Only Parliament laws
Answer: C) Both State and private in some cases

32. Right to marry a person of one’s choice comes under:
A) Article 14
B) Article 19
C) Article 21
D) Article 25
Answer: C) Article 21

33. Right to die with dignity in terminal illness was upheld in:
A) Common Cause case
B) Gian Kaur case
C) Aruna Shanbaug case
D) All of the above
Answer: D) All of the above

34. “Life” in Article 21 also includes:
A) Employment
B) Health
C) Privacy
D) All of the above
Answer: D) All of the above

35. Which of these is NOT covered under Article 21?
A) Right to vote in Lok Sabha
B) Right to live with dignity
C) Right to privacy
D) Right to education (up to age 14)
Answer: A) Right to vote in Lok Sabha

36. Which case stated that bonded labour violates Article 21?
A) Bandhua Mukti Morcha case
B) Olga Tellis case
C) Francis Coralie Mullin case
D) Unnikrishnan case
Answer: A) Bandhua Mukti Morcha case

37. Right to clean water was recognized under Article 21 in:
A) Subhash Kumar case
B) Olga Tellis case
C) Parmanand Katara case
D) Hussainara Khatoon case
Answer: A) Subhash Kumar case

38. Which case recognized prisoners’ right to meet family and lawyers?
A) Sunil Batra case
B) Maneka Gandhi case
C) Kharak Singh case
D) PUCL case
Answer: A) Sunil Batra case

39. Which case emphasized fair trial as part of Article 21?
A) Zahira Habibullah Sheikh v. State of Gujarat
B) Maneka Gandhi case
C) Hussainara Khatoon case
D) Olga Tellis case
Answer: A) Zahira Habibullah Sheikh v. State of Gujarat

40. Right to free and compulsory education for children was made a separate Article (21A) by:
A) 86th Constitutional Amendment
B) 44th Constitutional Amendment
C) 42nd Constitutional Amendment
D) 97th Constitutional Amendment
Answer: A) 86th Constitutional Amendment

41. The right to internet access for education during COVID-19 was linked to Article 21 in which state?
A) Kerala
B) Tamil Nadu
C) Rajasthan
D) Delhi
Answer: A) Kerala

42. Which case said that sexual harassment at workplace violates Article 21?
A) Vishaka v. State of Rajasthan
B) Maneka Gandhi case
C) Unnikrishnan case
D) Olga Tellis case
Answer: A) Vishaka v. State of Rajasthan

43. Article 21 protects against:
A) Arbitrary executive action
B) Arbitrary legislative action
C) Both A and B
D) Only judicial orders
Answer: C) Both A and B

44. Which case linked public health to Article 21?
A) Consumer Education & Research Centre v. Union of India
B) Puttaswamy case
C) Bandhua Mukti Morcha case
D) Subhash Kumar case
Answer: A) Consumer Education & Research Centre v. Union of India

45. Right to be forgotten (removal of personal data from internet) was discussed under Article 21 in:
A) Puttaswamy case
B) Olga Tellis case
C) Unnikrishnan case
D) Sunil Batra case
Answer: A) Puttaswamy case

46. Which case recognized the right to fair compensation in land acquisition under Article 21?
A) K.T. Plantation Pvt. Ltd. v. State of Karnataka
B) Maneka Gandhi case
C) Olga Tellis case
D) Subhash Kumar case
Answer: A) K.T. Plantation Pvt. Ltd. v. State of Karnataka

47. Article 21 is often called the:
A) Magna Carta of India
B) Soul of the Constitution
C) Heart of Fundamental Rights
D) All of the above
Answer: D) All of the above

48. Which case recognized transgender persons’ right to life with dignity under Article 21?
A) NALSA v. Union of India
B) Puttaswamy case
C) Olga Tellis case
D) Bandhua Mukti Morcha case
Answer: A) NALSA v. Union of India

49. Right to protection from noise pollution under Article 21 was recognized in:
A) In Re: Noise Pollution case
B) Subhash Kumar case
C) Bandhua Mukti Morcha case
D) Sunil Batra case
Answer: A) In Re: Noise Pollution case

50. Which of the following best describes Article 21 after judicial expansion?
A) Only protection against unlawful killing
B) Wide protection covering dignity, livelihood, health, privacy, and more
C) Only related to criminal trials
D) Only applies to Indian citizens
Answer: B) Wide protection covering dignity, livelihood, health, privacy, and more