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INTRODUCTION
Article 21 reads as:
This right has been held to be the heart of the Constitution, the most
organic and progressive provision in our living constitution, the foundation
of our laws.
The Article prohibits the deprivation of the above rights except according
to a procedure established by law. Article 21 corresponds to the Magna
Carta of 1215, the Fifth Amendment to the American Constitution, Article
40(4) of the Constitution of Eire 1937, and Article XXXI of the Constitution
of Japan, 1946.
‘RIGHT TO LIFE’
‘Everyone has the right to life, liberty and the security of person.’ The
right to life is undoubtedly the most fundamental of all rights. All other
rights add quality to the life in question and depend on the pre-existence
of life itself for their operation. As human rights can only attach to living
beings, one might expect the right to life itself to be in some sense
primary, since none of the other rights would have any value or utility
without it. There would have been no Fundamental Rights worth
mentioning if Article 21 had been interpreted in its original sense. This
Section will examine the right to life as interpreted and applied by the
Supreme Court of India.
Article 21 of the Constitution of India, 1950 provides that, “No person shall
be deprived of his life or personal liberty except according to procedure
established by law.” ‘Life’ in Article 21 of the Constitution is not merely the
physical act of breathing. It does not connote mere animal existence or
continued drudgery through life. It has a much wider meaning which
includes right to live with human dignity, right to livelihood, right to
health, right to pollution free air, etc.
Right to Privacy
As per Black’s Law Dictionary, privacy means “right to be let alone; the
right of a person to be free from unwarranted publicity; and the right to live
without unwarranted interference by the public in matters with which the
public is not necessarily concerned.”
The right to personal liberty takes in not only a right to be free from
restrictions placed on his movements but also free from encroachments on
his private life. It is true our Constitution does not expressly declare a right
to privacy as a fundamental right but the said right is an essential
ingredient of personal liberty. Every democratic country sanctifies domestic
life; it is expected to give him rest, physical happiness, peace of mind and
security. In the last resort, a person’s house, where he lives with his family,
is his ‘castle’; it is his rampart against encroachment on his personal liberty
Evolution of Art.21:
The Supreme Court and the High Courts have been enlarging the scope of
the Article with various activist judgments. Initially, the phrase ‘personal
liberty’ was interpreted narrowly to confine the protection of Article 21 to
freedom of the person against unlawful detention. In Gopalan vs. State of
Madras case, the majority bench of Supreme Court propounded the view
that by adopting the expression procedure established by law’, Art. 21 of
our Constitution had embodied the English concept of personal liberty in
preference to that of American ‘due process of law’, even though,
according to the minority opinion of the bench, the result of such
interpretation was to throw “the most important fundamental right to life
and personal liberty” “at the mercy of legislative majorities.”
The concept of “personal liberty” gradually began to be liberally
interpreted by the Judiciary. The Supreme Court, in Kharak Singh v. State
of UP, 1963, held, “…that ‘personal liberty’ is used in the Article as a
compendious term to include within itself all the varieties of rights which
go to make up the “personal liberties” of man other than those dealt with
in the several clauses of Article 19(1). In other words, while Article 19(1)
deals with particular species or attributes of that freedom, “personal
liberty” in Article 21 takes in and comprises the residue.” In simple words,
the Right to freedom is just one of the incidences of Right to life and
personal liberty. So whatever applies to Right to freedom- in this case the
test of reasonableness- applies to Right to life and personal liberty. In the
case of Maneka Gandhi v. Union of India, (1978), the Court examined all
the judgments in previous cases and observed that: “The expression
‘personal liberty’ in Article 21 is of the widest amplitude and it covers a
variety of rights which go to constitute the personal liberty of man and
some of them have been raised to the status of distinct Fundamental
Rights and given additional protection under Article 19.”
As a result, a law coming under Art. 21 must also satisfy the requirements
of Art. 19. In other words, a law made by the State which seeks to deprive
a person of his personal liberty must prescribe a procedure for such
deprivation which must not be arbitrary, unfair or unreasonable. Once the
test of reasonableness is imported to determine the validity of a law
depriving a person of his liberty, it follows that such law shall be invalid if it
violates the principles of natural justice. [By linking Art.21 with Art.19, the
concept of ‘reasonableness’ and so fairness is applied to Art.21, and hence
the concept of ‘due process of law’ is established]
1. These three articles are the strongest guards against arbitrary actions
of the government, against taking away of different freedoms and of
a whole host of issues that have bearing on human rights and
freedoms. These articles are so important to our jurisprudence that
their interconnection is rightly called the golden triangle.
2. These Fundamental rights are regarded as the basic principles for the
smooth running of life of the citizens as well as it protect civil rights
of all citizens of India.
3. Dr. B R Ambedkar once said “Unlike a drop of water which loses its
identity when it joins the ocean, man does not lose his being in the
society in which he lives. Man's life is independent. He is born not
for the development of the society alone, but for the development
of his self”. Hence if we want development of society we have to
provide some freedom and protection to the common citizen and
these three articles are the most basic among the other Fundamental
right so these are known as golden triangle in the Indian
constitution.