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Beyond Survival: The Transformative Role Of Article 21 Of The Indian Constitution




Asmita Shrivastava, BA LLB (Hons.), Narsee Monjee Institute of Management Studies, Indore


ABSTRACT


Right to life and personal liberty is enshrined under Article 21 of the Indian Constitution. It is one of the most essential provision of the constitutional framework of India. This research study investigates the changing jurisprudence and multidimensional relevance of Article 21, illustrating its evolution from a restricted understanding of protection against arbitrary executive action to an increasingly wider safeguard covering an extensive array of fundamental liberties. Numerous decisions of the Supreme Court that construed Article 21 to include rights covering diverse aspects such as the right to a clean environment, right to privacy, right to health and medical care, right to shelter and right to education have been analyzed in the research paper.


The Indian court has played a vital role in this development, particularly through historic decisions such as Maneka Gandhi v. Union of India, Olga Tellis v. Bombay Municipal Corporation, and Justice K.S. Puttaswamy v. Union of India. These decisions have not only expanded the scope of life and liberty, but they have also strengthened the concept that constitutional rights must be construed in light of changing circumstances in society and standards. This research additionally goes into the complexity in enacting these rights, the argument about judicial overreach, and the conflict between comprehensive viewpoints and statutory scope. Furthermore, it analyzes the current relevance of Article 21 in relation to innovations in technology, problems with the environment, and public health catastrophic events.


On reviewing constitutional provisions, judicial decisions, and comparative viewpoints, this study demonstrates how Article 21 has gone beyond its textual restrictions to become the foundation of India's human rights law. Numerous landmark judgements of Supreme Court on Article 21 have also emphasized the need for an effective approach in order to create a balance between public interest and protecting the fundamental rights of people. It is concluded by commenting on the ongoing importance of Article 21 as a living tool for upholding justice, dignity, and equality in a constantly evolving democratic society.


Keywords: Article 21, Right to life, Judicial Interpretation, Human Dignity, Constitutional Law (India).



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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