{"id":2149,"date":"2024-01-08T11:59:52","date_gmt":"2024-01-08T11:59:52","guid":{"rendered":"https:\/\/www.khanglobalstudies.com\/blog\/?p=2149"},"modified":"2024-04-13T06:54:05","modified_gmt":"2024-04-13T06:54:05","slug":"what-is-article-21","status":"publish","type":"post","link":"https:\/\/www.khanglobalstudies.com\/blog\/what-is-article-21\/","title":{"rendered":"What is Article 21 of the Indian Constitution?"},"content":{"rendered":"\n

If there is any article in the entire Constitution that needs interpretation the most, it is Article 21. A good constitution helps in running the country for a very long time. But with changing times, both politics and thinking change and not every article of the Constitution may be equally applicable in every situation.<\/p>\n\n\n\n

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What is Article 21?<\/strong><\/h2>\n\n\n\n

Article 21<\/strong> declares that no person shall be deprived of his life or personal liberty<\/strong> except according to procedure prescribed by law. This right is available to both citizens and foreigners<\/strong>. In the famous Gopalan case<\/strong>, the Supreme Court gave a narrow interpretation of Article 21, holding that protection under Article 21 is available only against executive action. This means that the state cannot deprive any person of life and personal liberty based on law.<\/p>\n\n\n\n

Meaning and Scope of Physical Freedom<\/strong><\/h3>\n\n\n\n

The term personal liberty used in Article 21 is a term with a very wide meaning and thus it includes all those essential elements of personal liberty which help in making the individual whole. In this sense, the phrase also includes all the rights of freedom <\/strong>conferred by Article 19<\/strong>. But initially, the Supreme Court gave a very narrow meaning to this phrase.<\/p>\n\n\n\n

Procedure Established by Law<\/strong><\/h3>\n\n\n\n

This is because of the expression ‘due process established by law’<\/strong>, which is different from the expression ‘due process established by law’ contained in the US Constitution<\/strong>. Therefore the validity of the law cannot be questioned on the ground that it is unfair or unjust. But in Maneka’s case<\/strong>, the Supreme Court overturned the decision of the Gopalan case and Anu<\/strong>. Article 21 has been explained in detail. He therefore ruled that a person’s right to life and personal liberty<\/strong> may be deprived by law, provided it is justified. In other words, he introduced the US law<\/strong> ‘due process of law’<\/strong> protected under Article 21. It should be available not only against arbitrary executive action but also against arbitrary legislative action. The ‘right to life’<\/strong> written in Article 21 is not limited to mere animal existence or existence, but its scope includes the right to live<\/strong> with human dignity and all those aspects of life that make a person’s life meaningful, and complete. it’s worth it.<\/p>\n\n\n\n

Declaration of Rights<\/strong><\/h3>\n\n\n\n

The Supreme Court has declared the following rights to be part of Article 21:<\/p>\n\n\n\n