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.
Explanation
The Right to Life or Personal Liberty is one of the most significant human right. As human rights are acquired from the nature(not given by it) they are considered absolute. However, in a civilised society rights can not be granted on their absolute form. Hence the Constitution of India enshrines it subject to procedure established by law.
As the word ‘life’ is not defined in the constitution, the Supreme Court in Menka Gandhi v. Union of India 1978 case very logically says that life is more sociological. It’s very true as life actually exists between birth and death of a person. In this context, life incorporates in its meaning, human dignity, education, health and nutrition and clean environment. Thus, the Court has widened its meaning and extent.
Similarly, the right to personal liberty also includes certain extra constitutional rights which emerge from the socio-economic and cultural milieu such as right to privacy, shelter, sustainable development etc.
The most striking feature of this provision is that on the grounds of rule of law, fundamental freedoms and natural justice, Art 21 is intimately related to Art 19 (fundamental freedoms) and Art 14 (rule of law and natural justice). Therefore, the three constitute the ‘Golden Triangle of Indian Constitution’.
The system of governance is responsible to the protection of this triangle as the three fundamental concepts (freedoms, rule of law and natural justice) serve as the building blocks of the basic philosophy of the Constitution of India.
No person shall be deprived of his life or personal liberty except according to procedure established by law.
Explanation
The Right to Life or Personal Liberty is one of the most significant human right. As human rights are acquired from the nature(not given by it) they are considered absolute. However, in a civilised society rights can not be granted on their absolute form. Hence the Constitution of India enshrines it subject to procedure established by law.
As the word ‘life’ is not defined in the constitution, the Supreme Court in Menka Gandhi v. Union of India 1978 case very logically says that life is more sociological. It’s very true as life actually exists between birth and death of a person. In this context, life incorporates in its meaning, human dignity, education, health and nutrition and clean environment. Thus, the Court has widened its meaning and extent.
Similarly, the right to personal liberty also includes certain extra constitutional rights which emerge from the socio-economic and cultural milieu such as right to privacy, shelter, sustainable development etc.
The most striking feature of this provision is that on the grounds of rule of law, fundamental freedoms and natural justice, Art 21 is intimately related to Art 19 (fundamental freedoms) and Art 14 (rule of law and natural justice). Therefore, the three constitute the ‘Golden Triangle of Indian Constitution’.
The system of governance is responsible to the protection of this triangle as the three fundamental concepts (freedoms, rule of law and natural justice) serve as the building blocks of the basic philosophy of the Constitution of India.