Article 21 deals with protection of life and personal liberty

Q.  Which of the following cases are related to the interpretation of the Article 21?

1) Gopalan case (1950)
2) Golakhnath case (1967)
3) Menaka case (1978)
4) Kesavananda Bharati case (1973)
- Published on 21 Feb 17

a. 1, 3
b. 1, 2
c. 2, 3, 4
d. 1, 3, 4

ANSWER: 1, 3
 
  • Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law.

  • This right is available to both citizens and non-citizens.

  • In Gopalan case (1950), the Supreme Court took a narrow interpretation of the Article 21.

  • It held that the protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action.

  • It means that the State can deprive the right to life and personal liberty of a person based on a law.

  • This is because of the expression ‘procedure established by law’ in Article 21, which is different from the expression ‘due process of law’ contained in the American Constitution.

  • Hence, the validity of a law that has prescribed a procedure cannot be questioned on the ground that the law is unreasonable, unfair or unjust.

  • Secondly, the Supreme Court held that the ‘personal liberty’ means only liberty relating to the person or body of the individual.

  • In Menaka case (1978), the Supreme Court overruled its judgement in the Gopalan case by taking a wider interpretation of the Article 21.

  • Therefore, it ruled that the right to life and personal liberty of a person can be deprived by a law provided the procedure prescribed by that law is reasonable, fair and just.

  • In other words, it has introduced the American expression ‘due process of law’.

  • Also, the court held that the ‘right to life’ as embodied in Article 21 is not merely confined to animal existence or survival but it includes within its ambit the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living.

  • It also ruled that the expression ‘Personal Liberty’ in Article 21 is of the widest amplitude and it covers a variety of rights that go to constitute the personal liberties of a man.

    • SC has declared the following rights as part of Article 21 :

1. Right to live with human dignity.2. Right to decent environment including pollution free water and air and protection against hazardous industries.
3. Right to livelihood.4. Right to privacy.
5. Right to shelter6. Right to health.
7. Right to free education up to 14 years of age.8. Right to free legal aid.
9. Right against solitary confinement.10. Right to speedy trial.
11. Right against handcuffing.12. Right against inhuman treatment.
13. Right against delayed execution.14. Right to travel abroad.
15. Right against bonded labour.16. Right against custodial harassment.
17. Right to emergency medical aid.18. Right to timely medical treatment in government hospital.
19. Right not to be driven out of a state.20. Right to fair trial.
21. Right of prisoner to have necessities of life.22. Right of women to be treated with decency and dignity.
23. Right against public hanging.24. Right to hearing.
25. Right to information.26. Right to reputation.


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