We have already covered Article 20 on Day 5 and today we shall read about Article 21 which is very important from the point of view of our life and personal liberty.
Article 21 : Protection of life and personal liberty.
This article states that “no person shall be deprived of his life or personal liberty except according to the procedure established by law.” In other words, a person is guaranteed the right to life and personal liberty subject to reasonable restrictions.
The validity of a law which is as per the ‘procedure established by law’ can not be questioned on the ground that the law is unreasonable, unfair or unjust. But, the American expression ‘due process of law’ demands the law to be ‘reasonable’, ‘fair’ and ‘just’.
Therefore,in Menaka Gandhi Vs. Union of India,1978 case, the Supreme Court of India ruled that a person can be deprived of his right to life and personal liberty by a law provided the procedure prescribed by that law is reasonable, fair and just. In other words, it should not be restricted by the ‘procedure established by law’ but by ‘due process of law.’
It is noteworthy here that the right conferred by Article 21 is available to both citizens and non citizens.
Further, the right to life is not merely confined to survival but it includes the right to live with human dignity and all those aspects of life which go to make a human life meaningful, complete and worth living.
A comprehensive list of such aspects of life which make it meaningful, complete and worth living has been re-confirmed by the Supreme Court of India in Menaka Gandhi Vs. Union of India,1978 case.The entire list of such aspects of life is worth reading.
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PS: The above texts are ‘not the exact texts’ copied from the Constitution of India.They have been modified in simple language for the ease of understanding. Due consideration has been given to ensure that ‘the spirit and the meaning’, as contained in the Constitution, remains the same. Please refer to the Constitution of India for the original texts. Please feel free to point out any discrepancy that comes across you. We shall be happy to modify the same.
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