Dimensions Of Article 21 Under The Indian Constitution
- IJLLR Journal
- Apr 22
- 2 min read
Ayush Shukla, Gautam Buddha University, Greater Noida
Ayush Dubey, Gautam Buddha University, Greater Noida
ABSTRACT
Article 211 of the Indian Constitution is the cornerstone of the constitutional framework of the country and guarantees every individual the right to life and personal liberty. This provision was first taken narrowly, but a remarkable transformation of the judiciary’s dynamic interpretation made it. In its early years, Article 21 was considered as a mere right to bodily existence and the state compliance with a validly enacted law. That mark was set however when the judgment in Maneka Gandhi v. Union of India2 the Court broadened the scope of Article 21 by linking it with Articles 14 and 19 and held that any law depriving a person of life or liberty must be just, fair and reasonable.
Article 21 has become an umbrella provision over the decades to cover a wide range of substantive rights essential for a dignified life. They include the right to live with dignity, the right to livelihood, the right to health and medical care, the right to education, the right to a clean environment and much more recently, the right to privacy. Article 21 has always been used by the Supreme Court as a tool of social justice and it has always been ensured that every citizen, irrespective of his socio economic status, has basic human rights.
This paper examines the expansion of the contours of Article 21 through landmark judgments and doctrinal shifts in order to understand how this single constitutional provision has become a symbol of the living soul of the Indian Constitution. Further, it assesses the challenges and critiques in courts that can be characterized as judicial activism in this context.
Keywords: Right to Life, Judicial Interpretation, Human Dignity, Fundamental Rights, Social Justice
