Jurisprudence & Article

21

Deepashikha Godbole A029

Neel Narsinghani A059

Article 21 Constitution of India

Right to Life and Personal
Liberty.
No person shall be deprived
of his life or personal liberty
except according to the
procedure established by law.

Natural Law & Constitution

The golden thread of natural justice sagaciously
passes through the body of the Constitution of India.
Preamble of the constitution includes the words,
Justice Social, Economic and political, liberty of
thought, belief, worship and equality of status and of
opportunity.
Ensures Fairness & Equality.
Shields against Arbitrary Action
This forms the base of Natural Law Theory

Natural Law Theory - Basics

Natural Law is a system of law determined by Nature
Law is of divine Origin.
Universal order governing all men
Inalienable rights of Individuals
Moral principles are based on Reason

Heracalitus
Greek philosopher who gave the three
features of Natural Law
1) Destiny
2) Order
3)
Reason
Definite order and Rhythm between
events
Socrates
Moral law
Human insight aids in distinguishing
right from wrong

Aristotle
Reason Unaffected by Desires
Man is Creation of God
Natural law originated in Human
Conscience

530-470
B.C.

470-399
B.C.

384-322
B.C.

Thomas Aquinas

1125 - 1274

Laws are either Human or Divine

Divine Laws Based on Nature
Human Laws Based on Customs
The Supremacy of Law, both Divine &
Manmade are a part of Unity of Universe
Institutions of SLAVERY represent evil
desires
Law is greatest Binding force for those who Govern & are
Governed
Ordinance of reason for the common good made by him who
has the Care of the Community
Supported Property Rights

Period of Renaissance
Secularised reason is the foundation of Natural Law
Theory
Status Quo For the preservation of peace and
protection of individuals from perpetual conflict and
Chaos.
Social Contract Promises by the Govt. are of a binding
nature because to fulfill a promise is a principle of
Natural Law.
Hobbes Prior to Social Contract & Natural Law, life in
Nature was solitary, poor, nasty, brutish, short

Modern Period
Austin & Bentham rejected NLT on the ground that it
was ambiguous and misleading.
In the 20th Century, The principle of respect and
community participation was introduced.
The Rules must be easily Comprehensible.
Concluding NLT is a Dynamic Concept
NLT has been used to support a number of
ideologies like Individualism, Absolutism etc.
The Indian Constitution draws some principles from
NLT.

Article 21
Mainly comprises of two rights:
i. Right To Life.
ii. Right to Liberty.

The case that changed it all:-Maneka Gandhi Vs

Union of India (AIR 1978 SC 597)
. This case extended the dimensions of the article
21.
. The court stated-The words due Process even
though not present in the article 21 are present
in the it.

Post-Maneka Gandhi situation

Now, the right to life and liberty has a lot than the right to
live freely.

Right to Life with Human Dignity

Right to Life is not only confined to physical existence

but includes within its ambit the right to live with
human dignity.

Case-Peoples Union for Democratic Rights v. Union of India

o SC held thatnon-payment of minimum wages to

the workers employed in various Asiad Projects
in Delhi was a denial to them of their right to
live with basic human dignity and violative of
Article 21 of the Constitution.

Right to clean environment

The Right to Life under Article 21 means a life of dignity
to be lived in a proper environment free from the dangers
of diseases and infection.
In M.C. Mehta v. Union of India
the Court held that the blatant and large scale misuse
of residential premises for commercial use in Delhi,
violated the right to salubrious and decent environment.
Taking note of the problem the Court issued directives
to the Government on the same.

Other Rights under the ambit of article 21

are as follows
Right to Education
Right to Medical Care
Right to Shelter
Right to Livelihood
Right against Sexual Harassment.

Exceptions
Only covers the state
No Right to Die or Commit Suicide
Case-State of Maharashtra v. Maruti Sripati Dubal

Bombay High Court held that the right to life guaranteed under Article 21
includes right to die, and the honble HighCourt struck down Section 309 of the IPC
which provides punishment for attempt to commit suicide by a person as
unconstitutional.
Gian Kaur v. State ofPunjab,
SC overruled the decision of the Division Bench in the above stated case and
has put an end to the controversy and ruled that Section 309, IPC was neither
violative of Article 21nor Article 14. The court held that the right to life under
Article 21 did not include the right to die.

Comparative study
Due Process In The U.S.A:
The due process clause of the fifth amendment stated
that- No person shall be deprived of life liberty or
property without the due process of law.
Justice Benjamin R Curtis stated that the words due
process in the law covey the same meaning as the Law of
the Land in Manga Carta.
In Stuart v. Palmer it was stated that - the due process
of law is older than the any written constitution.
Due Process is not defined in the American constitution.
Read in a loose sense with the words Reasonable Just
and proper

Conclusions
The Judiciary has widely interpreted the
Right to Life and Liberty in the Post
Maneka Era.
Even though the Indian constitution has
drawn from various constitutions, they are
amalgamated in a manner so as to
minimize their faults.
Take Article 21 away and what you have
left, is a handicapped rule of law.