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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