Scope of Article 21

Blog By-

Priyamahobia

ITM University, Raipur

Abstract

The Indian judiciary has time and time again interpreted article 21 of the Indian constitution in new and innovative ways in order to bring relief to the oppressed. However the Supreme Court has started to declare rights which are difficult to enforce and may be only be law for namesake. The Court should take into consideration the enforceability of a right or else it will just remain an empty promise. The fundamental right to life and personal liberty has become a favourite provision for the judiciary to experiment with, to redress a variety of injustices and social wrongs. This has led to some rather impractical rulings by the Supreme Court. Granting a right which is never enforced is akin to giving an empty promise. Progress must be tempered with reality.

Keywords: Due process, liberty, judicial activism, enforceability, interpretation

Introduction

According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme

importance in a democratic society.” Iyer, J., has characterised Article 21 as “the procedural

magna carta protective of life and liberty . 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. Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12. Violation of the right by

private individuals is not within the preview of Article 21 . This right is guaranteed by the

constitution. This right is provided under article 21 which reads as follows:-Article 21.

Protection of Life and Personal Liberty: No person shall be deprived of his life or personal

liberty except according to procedure established by law . The right to life and personal

liberty is guaranteed by the Indian Constitution in Part III under the category of Right to Freedom (Articles 19-22). The right to life and personal liberty in accordance with the procedure established by law is guarantee by Article 21 of the Indian Constitution. The right is available to both citizens and non-citizens. The scope of Article 21 have been expands over the years through judicial pronouncements over the years.

SHRUTI SINGH “ALL YOU NEED TO KNOW ABOUT RIGHT TO LIFE AND PERSONAL LIBERTY” http://lexhindustan.com/need-know-right-life-personal-liberty/
Riya Jain “Article 21 of the Constitution of India – Right to Life and Personal Liberty” https:// www. lawctopus.com /academike/article-21-of-the-constitution-of-india-right-to-life-and-personal-liberty/
VidhanMaheshwari “Article 21 of The Constitution of India – The Expanding Horizons” http:// www. Legal serviceindia.com /articles/art222.htm

Scope of Art. 21

The scope of Article 21 was a bit narrow till 50s as it was held by the Apex Court in A.K.Gopalan vs State of Madras that the contents and subject matter of Article 21 and 19 (1) (d) are not identical and they proceed on total principles. In this case the word deprivation was construed in a narrow sense and it was held that the deprivation does not restrict upon the right to move freely which came under Article 19 (1) (d). at that time Gopalan case was the leading case in respect of Article 21 along with some other Articles of the Constitution, but post Gopalan case the scenario in respect of scope of Article 21 has been expanded or modified gradually through different decisions of the Apex Court and it was held that interference with the freedom of a person at home or restriction imposed on a person while in jail would require authority of law. Whether the reasonableness of a penal law can be examined with reference to Article 19, was the point in issue after Gopalan case in the case of Maneka Gandhi v. Union of India, the Apex Court opened up a new dimension and laid down that the procedure cannot be arbitrary, unfair or unreasonable one.

Discussion

WHAT DOES THE ‘RIGHT TO LIFE’ EMBODY?

Article 21, which embodies the right to life and liberty, is the right from which all other rights emerge. Without the right to life and liberty, all the other fundamental rights would be absolutely meaningless.
When we analyse the meaning and implications of Article 21, we can consider that it embodies two separate rights that in fact are inseparable and go hand in hand. These two rights are, i) the right to life, and ii) the right to personal liberty.

THE ‘RIGHT TO LIFE’

‘Life’ as mentioned under Article 21 signifies not merely living or the physical act of breathing. It has a much more profound meaning that signifies the:

Right to live with human dignity;
Right to livelihood;
Right to health;
Right to pollution free air; and
Right to live a quality life.
Right to go abroad;
Right to privacy;
Right against solitary confinement;
Right against delayed execution;
Right to shelter;
Right against custodial death;
Right against public hanging; and
anything and everything that fulfils the criteria for a dignified life.

WHAT IS ‘PROCEDURE ESTABLISHED BY LAW’, AS MENTIONED IN ARTICLE 21

We have already analysed the first part of the Article that encapsulates that every individual is fundamentally entitled to his life and personal liberty, unless deprived by the due process of law.

To recap, Article 21 mentions that, “No person shall be deprived of his life and personal liberty except according to procedure established by law.”

The expression “procedure established by law” has been subject to examination in various landmark cases and the consensus is that that the procedure prescribed by law for depriving a person of his life and personal liberty must be “right, just and fair” and not “arbitrary, fanciful and oppressive,” otherwise it would directly violate Article 21.

EFFECT OF ARTICLE 21

Article 21 of our constitution is the most far reaching in its scope and reach and it is fair to say that it is the foundation on which every other law is laid. The right to life and liberty is something that affects each and every person in the country, every single moment of their life and it is something that we must always value and fight for as it has been guaranteed to us by our forefathers and maintained by the vigilant eyes of our Judiciary that keeps our rights intact.

The bottom line here is that, this is a very important article, i.e. Article 21 can be understood in parts to define the extent of its meaning, but must be read as a whole to understand its true effect. Article 21 is basically, responsible for enabling the fullest development of an individual and ensuring his dignity of life by the power vested in it by law. The effectiveness of this law can only be possible if it is supported by procedural machinery that is reasonable, just and fair for all.

Conclusion

This research paper discusses about the clash between two fundamental rights guaranteed to the citizens of India, under the Part III of the Constitution of India, 1950, namely, The Right to Information, implicitly a part of Article 19(1)(a) and The Right to Privacy, which is a part of Article 21, “Right to Life”, which is also known as the heart of the Indian Constitution. While the Right to Information helps create a transparency in the functionalities of the government, the Right to Privacy helps in creating a line of difference between “The Public” and “The Private”, and “What Information should be disclosed” and “What Information shouldn’t be”. It should be noted that the Right To Information and Privacy are not always conflicting rights, and are designed, in part, to ensure the accountability of the state. The important issue is how the legislation and the implementing and oversight bodies balance the two rights.44 In order to keep the conflicts at bay, a balance must be established between the Right to Information and the Right to Privacy.

Although, there is no simple solution to balancing the two rights, but most issues can be alleviated through the enactment of clear definitions in legislation, guidelines, techniques, and oversight systems. Since no rights are absolute including the right to privacy, I would like to submit that the public authorities should deal with the written requests for information under the Act with an applicant friendly attitude and when there would be a conflict between the privacy of an individual and the right to information of citizens, the latter should get proper importance as it serves larger public interest and, therefore, disclosure be made accordingly. Also, The power of disclosing information is to be exercised cautiously, and more responsible officials should be made the CPIOs.

Finally, I would like to submit that both the rights being equally essential, should co-exist in the system of governance, while managing a safe balance between the two, which would decrease the conflicts and bring about, a harmony, in the system