Actual Article
Article 21 of the Indian Constitution guarantees the protection of life and personal liberty. It states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” This article is one of the most significant fundamental rights and has been expansively interpreted by the Supreme Court of India to encompass a wide range of rights essential to the human experience.
UPSC Notes for Article 21
- Objective: To safeguard the life and personal liberty of individuals against arbitrary action by the State.
- Key Provisions:
- Protection of life and personal liberty.
- Life: Includes not just physical existence but the right to live with dignity.
- Personal Liberty: Covers a variety of rights including the right to privacy, the right to a healthy environment, the right to shelter, and more.
- Significance: Article 21 is fundamental to the Indian constitutional framework, ensuring that any deprivation of life or liberty must be through a fair, just, and reasonable procedure established by law.
Important Cases and Commissions Related to Article 21
- Maneka Gandhi vs. Union of India (1978): Expanded the scope of Article 21, ruling that the procedure established by law must be fair, just, and reasonable. This case also linked Article 21 with Articles 14 and 19, establishing that laws affecting life and liberty must pass the tests of reasonableness and non-arbitrariness.
- K.S. Puttaswamy vs. Union of India (2017): Recognized the right to privacy as a fundamental right under Article 21.
- Olga Tellis vs. Bombay Municipal Corporation (1985): Established that the right to livelihood is an integral part of the right to life.
- Vishakha vs. State of Rajasthan (1997): Laid down guidelines to prevent sexual harassment at the workplace, linking the right to a safe working environment with Article 21.
Important Reports Related to Article 21
- National Human Rights Commission (NHRC) Reports: Regularly address issues related to the protection of life and personal liberty, advocating for reforms and better enforcement of Article 21.
- Law Commission of India Reports: Various reports, such as those on the death penalty and police reforms, have explored the implications of Article 21 and suggested legal and procedural reforms to uphold the right to life and personal liberty.
Previous Year Prelims Questions Related to Article 21
- Prelims 2018:
- Which of the following rights is/are included under the protection of life and personal liberty under Article 21 of the Indian Constitution?
- Right to live with human dignity
- Right to livelihood
- Right to privacy
- Right to shelter
- (a) 1 and 2 only
- (b) 1, 2, and 3 only
- (c) 1, 3, and 4 only
- (d) 1, 2, 3, and 4
- Answer: (d) 1, 2, 3, and 4
- Prelims 2016:
- Which of the following statements is not correct about the right to life and personal liberty under Article 21 of the Indian Constitution?
- (a) It can be suspended during an emergency.
- (b) It is available to both citizens and non-citizens.
- (c) It includes the right to live with human dignity.
- (d) It cannot be taken away except by procedure established by law.
- Answer: (a) It can be suspended during an emergency.
Previous Year Mains Questions Related to Article 21
- Mains 2019:
- Discuss the scope of the right to privacy in the context of Article 21 of the Indian Constitution. How has the judiciary expanded its ambit in recent years?
- Mains 2017:
- Examine the interplay between Article 21 and the right to a clean environment. How has the Indian judiciary interpreted environmental rights within the framework of Article 21?
Article 21 is a cornerstone of the Indian Constitution, encompassing a broad range of rights that protect the life and liberty of individuals. Its expansive interpretation by the judiciary has made it a pivotal element in ensuring justice and safeguarding human dignity in India. Understanding its provisions and related judicial pronouncements is essential for UPSC aspirants preparing for both prelims and mains examinations.