Which Article Guarantees the Right to Life and Personal Liberty?

Article 21 of the Indian Constitution protects the Right to Life and Personal Liberty. It guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law. Over time, interpretation by the judiciary has expanded the scope of Article 21 to include a wide range of rights which are essential for living life with dignity.

In any democratic society, liberty is important. However, liberty without legal protection remains fragile and vulnerable to arbitrary state action. The framers of the Indian Constitution has recognised the importance of personal liberty and thus, incorporated a provision that safeguards the most basic human freedoms.

Thus, Article 21 of the Indian Constitution protects the Right to Life and Personal Liberty.

What Does Article 21 of the Indian Constitution Provide?

Article 21 states:

“No person shall be deprived of his life or personal liberty except according to procedure established by law”.

Important aspects of Article 21:

• It applies to all individuals, including foreigners

• It protects against misuse of power by the state

• It requires a fair, just, and reasonable procedure

Why Is Article 21 Constitutionally Significant?

Being constitutionally important means that it gains a significant position in the Constitution and the person who is being deprived of the right can directly approach the top court in the country. Also, Article 21 becomes significant because:

• It helps in protecting the core of human existence

• It serves as the base for multiple implied rights

• It limits the power of the executive and legislature.

Initially, the scope of Article 21 was narrow, but with significant landmark judgements by the supreme court, the scope of the Article 21 got expanded.

Expansion of Article 21 Through Judicial Interpretation

The Supreme Court has played the most vital role in expanding the scope of Article 21 through various landmark judgements. Now, Article 21 includes:

• Right to live with dignity

• Right to privacy

• Right to livelihood

• Right to health

• Right to clean environment

• Right to legal aid

• Right to education (later made explicit under Article 21A)

Landmark Judgements of the Supreme Court Around Article 21

The Supreme Court has provided some seriously laudable landmark judgements considering Article 21. These are:

1. AK Gopalan vs. State of Madras (1950): In this case, the Supreme Court upheld that personal liberty includes “liberty of the body” which means freedom from detention and arrest in case of false detention. The Supreme Court also defined that the term “law” means the laws made by the state only.

2. RC Cooper vs. Union of India: The Supreme Court upheld that the term “personal liberty” not just includes Article 21, but it also covers the six freedoms provided under Article 19 (1).

3. Kharak Singh vs. State of Uttar Pradesh (1963): The Supreme Court upheld the judgement passed in RC Cooper case and said that Article 21 also includes liberty under Article 19 (1).

4. Maneka Gandhi vs. Union of India (1978): The Supreme Court has said that the right given under Article 21 not just provides mere animal existence, but it also means living life with dignity. The court also upheld that the procedures established by law should not be arbitrary, oppressive, and vague, instead, they should be reasonable, fair, and just.

5. Vishakha vs. State of Rajasthan (1997): The Supreme Court was hearing a petition regarding sexual harassment at workplace. In this case, the court held that it is necessary to make the workplace safe and secure and this is a right which draws its roots from Article 21. As a result, Vishakha Guidelines have been provided.

Relationship of Article 21 with Other Fundamental Rights

Article 21 is closely linked with Article 14 and Article 19 and three of them works in harmony together.

• Article 14 (Equality before law)

• Article 19 (Protection of freedoms)

Together, Articles 14, 19, and 21 form the Golden Triangle of the Constitution, ensuring comprehensive protection of rights.