Article 21

Article 21 of the Indian Constitution guarantees the right to life and personal liberty to the people. It asserts the right to life and personal liberty by guaranteeing that neither the life and liberty of an individual shall be deprived except by procedure established by law. Article 21 is part of the 'basic structure' of the Constitution. This article regulates the powers of State to deprive life and liberty of a person only according to a procedure prescribed by law. However, the scope of this term has evolved significantly through judicial interpretations. It doesn't merely imply any legal procedure but encompasses a fair, just, and reasonable procedure. Courts have interpreted it expansively, ensuring that the procedure isn't arbitrary, unjust, or unfair. This article acts as a safeguard against arbitrary state action, ensuring that any curtailment of fundamental rights must be in accordance with a just and fair legal process. This interpretation reinforces the principle that the law, while sanctioning the deprivation of rights, must be just, reasonable, and not violate the essence of fairness and justice.

Fundamental Rights: The Indian Constitution guarantees Fundamental Rights under Part III (Article 12 to Article 35) these are in the form of civil rights which ensure certain basic freedoms. The Fundamental Rights in India, apart from guaranteeing certain basic civil Rights and freedoms to all, also fulfil the important function of giving a few safeguards to minorities, outlawing discrimination and protecting religious freedom and cultural rights. Fundamental Rights must not be read in isolation but along with directive principles and fundamental duties.

Article 21 reads Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 holds immense importance in our Constitution as it is a dynamic and forward-looking article, which makes our constitution a living Constitution. This right is applicable only in cases where someone's 'life' or 'personal liberty' is taken away by the State and its ancillaries, as defined in Article 12 by use of unlawful or arbitrary means. The Article states that no person shall be deprived of life and liberty except by procedure established by law, which means that the State is authorised to use lawful means to curtail life and liberty of persons and if that action is deemed by the Court to be within the boundary of "procedure established by law" it will not be in contravention to Article 21. Any individual encroaching the Rights given under Article 21 would not attract a violation of Article 21 as it is only limited to the State actions.

The Article states that: No person shall be deprived of his life or personal liberty except according to procedure established by law.

1. Person: Article 21 is fundamental to democracy and extends to all natural persons and not just citizens.
2. Deprived: In simple language it means to take something away from someone. In terms of Article 21, it denotes the taking away of someone's legal rights (Right to life and liberty).
   • Article 21 comes into play only when there is a deprivation of someone's life or right to liberty.
   • Supreme Court has defined deprivation to mean deprivation in the sense of total loss of rights and there must be a direct and tangible act that threatens the life or liberty of a person or member of a community.
3. Life: The right to life is the most important among the Fundamental Rights of the Indian Constitution. All the other rights can be said to be just adding quality to the right of life. Hence, it is correct to say that all other rights available to the Citizens of India require the pre-existence of Right to Life.
   • Life is 'Beyond Animal Existence': The concept of "Life" under Article 21 is not confined to mere physical existence or the mere act of breathing or moving.
   • Expansion of Right to Life: Life includes all aspects which make life worth living. Supreme Court of India has included the Right to live with Dignity, Right to livelihood, Right to good health etc.
4. Personal Liberty: Liberty means ability to move freely and have freedom in making choices of life.
   • It is considered to be part of Rule of Law (Supremacy of Law).
   • It was part of the magna carta.
   • The Indian concept of liberty is very wide,
   • It does not simply include freedom from bodily restraints it also includes those rights which are important and responsible for the full-fledged growth and development of an individual and also includes the right and privileges that have been recognised as being integral to the orderly pursuit of happiness by free men.
5. Procedure established by law: Article 21 makes it clear that no person shall be deprived of life and personal liberty except by procedure established by law.
   • Maneka Gandhi Case 1978: It stated that the law coming under Article 21 must also satisfy the requirement of reasonableness under Article 19. Which means that a law made by the State which seeks to deprive a person of his personal liberty must give a procedure for such deprivation, which must not be unfair or arbitrary.
   • Moving from Procedure Established to Due Process: The Court adopted the due process doctrine in the Maneka Gandhi case, and took a wider interpretation of Article 21.
     • Right to life and personal liberty of a person can be deprived by a law provided that the procedure prescribed by that law for taking away life and liberty is reasonable, fair and just.
     • "Substantial Due Process" added: meaning that the protection under Article 21 is now available not only against arbitrary executive action but also against arbitrary legislative action

The Supreme Court, in subsequent cases, has reiterated its ruling from the Menaka case, affirming that the following rights are integral to Article 21:

1. Right to live with human dignity.
2. Right to a decent environment including pollution free water and air and protection against hazardous industries.
3. Right to livelihood.
4. Right to privacy (Puttaswamy Case)
5. Right to shelter.
6. Right to health.
7. Right to free education up to 14 years of age.
8. Right to free legal aid.
9. Right against solitary confinement.
10. Right to speedy trial.
11. Right against handcuffing.
12. Right against inhuman treatment.
13. Right against delayed execution.
14. Right to travel abroad (Satwant Singh case)
15. Right against bonded labour.
16. Right against custodial harassment.
17. Right to emergency medical aid.
18. Right to timely medical treatment in government hospitals.
19. Right not to be driven out of a state.
20. Right to fair trial.
21. Right of prisoners to have necessities of life.
22. Right of women to be treated with decency and dignity.
23. Right against public hanging.
24. Right to clean environment. (MC Mehta case)

Article 21 of the Indian Constitution stands as a beacon of individual rights, securing the essence of life and personal liberty. It would be wrong to see Article 21 as a mere legal provision as it is an Article whose interpretation has been widely expanded by the Hon'ble Supreme Court of India, echoing the fundamental values of justice and dignity within a democratic society. Justice P.N. Bhagwati famously said, "Article 21 is the procedural magna carta protective of life and liberty." emphasising that beyond its textual existence, Article 21 embodies a foundational principle, ensuring a just and fair process before depriving any individual of their life or liberty. Further, the words of Justice V.R. Krishna Iyer, "Article 21 is a procedural fair play which is bulwark against arbitrariness." highlighting the role of Article 21 as a shield against arbitrary state actions, emphasising the need for a just and fair procedure in preserving individual liberties.