Article 21 of the Indian Constitution | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

Indian Constitution and Lawmaking

• The Indian Constitution empowers both Parliament and state legislatures to create laws within their respective jurisdictions.
• If a law contravenes any provision of the Constitution, the Supreme Court has the authority to invalidate it.

Significance of Article 21

• Article 21 holds significant importance as it delves into the reasons behind judicial innovation and justifies the Supreme Court's role in safeguarding the fundamental rights of individuals.
• Judiciary often steps in due to the failure of other branches of the government to fulfill their responsibilities.
• The right to life and personal liberty stands out as one of the most crucial fundamental rights.
• Studying the right to life sheds light on the Supreme Court's function as a protector of essential human rights.

Fundamental Rights in India

• Chapter 3 of the Indian Constitution delineates and ensures all fundamental rights.
• These rights are safeguarded by the Indian Constitution, with the concept of fundamental rights being adopted from the United States.

Article 21 – Protection of Life and Personal Liberty

• Meaning of Article 21: The essence of Article 21 lies in safeguarding an individual's right to life and personal liberty, ensuring that no person can be deprived of these rights except through lawful procedures.
• Scope of the Right: This fundamental right is designed to protect the dignity of personal liberty and prevent arbitrary deprivation of life. It emphasizes that any restriction on these rights must follow established legal procedures.
• Universal Applicability: Article 21 applies to all individuals, irrespective of their citizenship status. Even non-citizens, such as foreigners, can invoke this right to protect their life and personal liberty.
• Interpretation of Right to Life: The right to life encompasses various aspects essential for daily existence as a human being. It includes not only physical survival but also factors contributing to a meaningful life.
• Significance in the Constitution: Article 21 holds a pivotal position in the Constitution, being considered as the cornerstone and a progressive provision that upholds individual freedoms.
• Widest Interpretation: Among all constitutional provisions, the right to life under Article 21 has undergone the most extensive interpretation, reflecting its fundamental importance in our legal framework.

Explanation of Article 21

• Protection of Dignity: Article 21 ensures that individuals are shielded from arbitrary infringements on their personal liberty and guarantees that any deprivation of life or liberty must adhere to legal procedures.
• Freedom from Unlawful Detention: The right under Article 21 safeguards individuals against unjust arrest, detention, or imprisonment without following due process of law.
• Inclusivity: This right is not limited to citizens but extends to all persons within the jurisdiction, emphasizing the universal nature of human rights protection.
• Essential Interpretation: Courts have interpreted the right to life broadly, encompassing not just physical existence but also factors contributing to a fulfilling life, such as health, education, and dignity.
• Guardian of Constitution: Article 21 is considered the heart of the Constitution, playing a crucial role in upholding individual freedoms and ensuring justice and fairness in society.

Interpretation of Article 21 - Post Maneka Gandhi's Case

• The Maneka Gandhi's Case marked a significant shift in the legal landscape regarding judicial intervention in human rights cases.
• This case, decided by a seven-judge Constitutional bench, established the principle that any procedure established by law to deprive a person of their right to life must be just, fair, and reasonable.
• Following this case, a new era of expanding the right to life and personal liberty began.
• The Supreme Court emphasized that everyone in the country has the fundamental right to live with human dignity, free from exploitation.
• The right to live with human dignity, as enshrined in Article 21, draws inspiration from Directive Principles of State Policy, emphasizing the protection of health, strength, and various other aspects.
• The minimum requirements for living with human dignity include protection of health, opportunities for children's development, educational facilities, just and humane working conditions, and maternity relief.
• No government entity has the right to deprive individuals of these basic essentials necessary for living with human dignity.

Extended View Of Article 21

• Includes Right To Education: Right to education is now considered a fundamental right under Article 21(A) of the Indian Constitution, following the Mohini Jain vs State Of Karnataka case. This right, crucial for a person's life, was elevated from being a part of directive principles to a fundamental right.
• Includes Right To Privacy: Privacy rights were established as an integral part of personal liberty in the Kharak Singh vs State of Tamil Nadu case. The Supreme Court affirmed that privacy is inherent in the right to life and personal liberty guaranteed under Article 21.
• Includes Right To Livelihood: The Olga Tellis vs Bombay Municipal Corporation case emphasized the significance of the right to livelihood under Article 21, stating that it is essential for a person to live with dignity.
• Includes Right To Speedy Trial: Ensuring a speedy trial is a fundamental right under Article 21 of the Constitution, as established in the Hussainara Khatoon vs State of Bihar case. Denial of this right allows the accused to appeal.
• Imposing Capital Punishment is not a Violation of Article 21: In the Jagmohan Singh Vs State Of Uttar Pradesh case, the Supreme Court clarified that capital punishment may be imposed in the "rarest of the rare" cases without violating Article 21, emphasizing the importance of reasonableness and public interest.
• Delay In Death Sentence: The Vatheeswaran vs State Of Tamil Nadu case highlighted that prolonged delays in executing the death sentence, exceeding two years, are unjust and violate Article 21. The accused has the right to commute the sentence to life imprisonment due to such delays.
• Includes Right To Free Legal Aid: Under Article 21, as per the M. H. Hoskot vs State of Maharashtra case, the state must provide free legal aid to indigent prisoners or those unable to secure legal assistance.
• Includes Right To Health and Medical Care: In medico-legal cases, preserving life is paramount according to the Parmanand Katara vs Union of India case. Doctors are obliged to provide immediate medical care without waiting for legal formalities to be completed.
• Does not Include Right To Die: In the Gian Kaur Vs State Of Punjab case, the court emphasized that the right to life does not encompass the right to die. Extending life is not considered part of protecting life under Article 21, hence penalizing attempts to commit suicide does not violate this article.
• Freedom From Police Atrocities: The Supreme Court, in the Prem Shankar Vs Delhi Administrative case, declared that treating prisoners inhumanely, such as handcuffing or torture during investigations, violates Article 21 and must be avoided.
• Right To Claim Compensation: Compensation rights were solidified as a fundamental right under Article 21 by the Supreme Court, as seen in cases like Nilabati Behara Vs State Of Orissa. The Court has actively pursued compensating both victims and even the acquitted culprits, as evident in the Rudal Shah Vs State of Bihar case.