Article 21 : Right to Life

Q. "No person shall be deprived of his life except according to the procedure established by law". (Article 21) Discuss. [20 marks - 2018, 2019]
Q. Right to life does not mean mere animal existence but right to live with human dignity.  In the light of this statement explain Right to life as guaranteed under Article 21 of the Indian Constitution. Refer decided cases. [20 marks - 2021]

Right to Life : Article 21 of the Constitution of India

According to Article 21:
“Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Article 21 provides two rights available to every person, citizens and foreigners alike.

1. Right to life
2. Right to personal liberty

The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees. The Supreme Court of India has described this right as the ‘heart of fundamental rights’. 

The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law. This implies that this right has been provided against the State only. State here includes not just the government, but also, government departments, local bodies, the Legislatures, etc.

The right to life is not just about the right to survive. It also entails being able to live a complete life of dignity and meaning. The chief goal of Article 21 is that when the right to life or liberty of a person is taken away by the State, it should only be according to the prescribed procedure of law.

Judicial interpretations of Article 21
Judicial intervention has ensured that the scope of Article 21 is not narrow and restricted. It has been widening by several landmark judgements.

Case Laws
1. AK Gopalan (1950): In this case, the SC held that the expression ‘procedure established by law’, the Constitution has embodied the British concept of personal liberty rather than the American ‘due process’.
2. Maneka Gandhi vs. Union of India (1978): This case overturned the Gopalan case judgement. Here SC says,  the idea of personal liberty in Article 21 has a wide scope including many rights, some of which are embodied under Article 19, thus giving them ‘additional protection’. The court also held that a law that comes under Article 21 must satisfy the requirements under Article 19 as well. That means any procedure under law for the deprivation of life or liberty of a person must not be unfair, unreasonable or arbitrary. 

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