Article 21 of the Indian Constitution is often called the “heart of the Constitution.” It is a cornerstone of Indian democracy that guarantees the protection of life and personal liberty. Over time, it has evolved into a broad spectrum of rights that affect every Indian citizen’s daily life.
In this article, we will explore its meaning, its wide interpretation by the courts, landmark cases, and its continued relevance in modern times.
🧾 What is Article 21 of the Indian Constitution?
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
This deceptively simple statement is Article 21 of the Indian Constitution, located in Part III, which deals with Fundamental Rights. Originally, it was a narrow provision, but judicial activism and progressive judgments have expanded its meaning significantly.
🏛️ Scope and Interpretation by Judiciary
The judiciary, especially the Supreme Court of India, has played a pivotal role in expanding the scope of Article 21.
In the early years, the focus was strictly on procedure established by law, as emphasised in the A.K. Gopalan case (1950). However, the Maneka Gandhi case (1978) revolutionised its interpretation by holding that the “procedure” must be just, fair, and reasonable, thereby incorporating the idea of due process into Indian jurisprudence.
⚖️ Landmark Judgments Related to Article 21
1. A.K. Gopalan v. State of Madras (1950)
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Held that Article 21 only protects against arbitrary executive action, not legislative action.
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Very narrow interpretation.
2. Maneka Gandhi v. Union of India (1978)
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Expanded the scope to include the idea of fair procedure.
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Integrated Articles 14, 19, and 21 for a holistic view of Fundamental Rights.
3. Olga Tellis v. Bombay Municipal Corporation (1985)
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Recognised the Right to Livelihood as part of the right to life.
4. Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981)
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Introduced the concept of human dignity as part of Article 21.
5. K.S. Puttaswamy v. Union of India (2017)
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Declared the Right to Privacy as a fundamental right under Article 21.
🧬 Rights Encompassed Under Article 21
Thanks to judicial interpretation, Article 21 now includes a vast array of rights, such as:
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Right to live with dignity
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Right to education (Article 21A derived from it)
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Right to healthcare
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Right to privacy
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Right to livelihood
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Right to a pollution-free environment
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Right to legal aid
📝 Points to Remember:
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Article 21 is available to citizens and non-citizens alike.
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It cannot be suspended even during a National Emergency (44th Amendment, 1978).
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It is considered the most interpreted article in the Constitution.
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It complements other Fundamental Rights like Articles 14 and 19.
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It enshrines the rule of law and human dignity.
🔍 Challenges and Criticisms
While Article 21 has been a bulwark of human rights, it also faces certain criticisms:
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Its broad interpretation sometimes encroaches on legislative functions.
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Critics argue that the “due process” doctrine gives the judiciary too much discretion.
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Enforcement of rights under Article 21 depends heavily on judicial activism, which can be inconsistent.
🌐 Relevance in Contemporary Times
In today’s digital and global age, Article 21 plays a crucial role in addressing new-age challenges:
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Data Protection and Privacy concerns (especially post-Puttaswamy judgment)
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Protection of reproductive rights
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Ensuring clean air and water amid climate change
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Guaranteeing mental health care under public health laws
It acts as the constitutional backbone for upholding the rights of every individual in the country.
🧾 Conclusion
Article 21 of the Indian Constitution is not just a right—it’s a way of life for millions of Indians. It represents dignity, freedom, and justice, forming the core of all civil liberties. As the courts continue to interpret its boundaries, it remains a living and breathing instrument of justice.
