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    Article 21 of The Constitution of India: - Vaibhav Uniyal (Constitutional Law II Lecture 10 (01-04-2020) )

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    Article 21 of the Indian Constitution guarantees the right to life and personal liberty. It has been widely interpreted to include not just the right to live, but the right to a dignified life, which encompasses rights like the right to livelihood, shelter, privacy, medical assistance, free legal aid, and speedy trial. The right to life does not include the right to die. Personal liberty rights under Article 21 were expanded after the Maneka Gandhi case to include natural justice principles. Procedural requirements under Article 21 now must satisfy tests of fairness, reasonableness and natural justice.

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    Article 21 of The Constitution of India: - Vaibhav Uniyal (Constitutional Law II Lecture 10 (01-04-2020) )

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    Article 21 of the Indian Constitution guarantees the right to life and personal liberty. It has been widely interpreted to include not just the right to live, but the right to a dignified life, which encompasses rights like the right to livelihood, shelter, privacy, medical assistance, free legal aid, and speedy trial. The right to life does not include the right to die. Personal liberty rights under Article 21 were expanded after the Maneka Gandhi case to include natural justice principles. Procedural requirements under Article 21 now must satisfy tests of fairness, reasonableness and natural justice.

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    Article 21 of the Indian Constitution guarantees the right to life and personal liberty. It has been widely interpreted to include not just the right to live, but the right to a dignified life, which encompasses rights like the right to livelihood, shelter, privacy, medical assistance, free legal aid, and speedy trial. The right to life does not include the right to die. Personal liberty rights under Article 21 were expanded after the Maneka Gandhi case to include natural justice principles. Procedural requirements under Article 21 now must satisfy tests of fairness, reasonableness and natural justice.

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    18 views8 pages

    Article 21 of The Constitution of India: - Vaibhav Uniyal (Constitutional Law II Lecture 10 (01-04-2020) )

    Uploaded by

    XYZ
    Article 21 of the Indian Constitution guarantees the right to life and personal liberty. It has been widely interpreted to include not just the right to live, but the right to a dignified life, which encompasses rights like the right to livelihood, shelter, privacy, medical assistance, free legal aid, and speedy trial. The right to life does not include the right to die. Personal liberty rights under Article 21 were expanded after the Maneka Gandhi case to include natural justice principles. Procedural requirements under Article 21 now must satisfy tests of fairness, reasonableness and natural justice.

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    ARTICLE 21 OF THE

    CONSTITUTION OF INDIA
    -Vaibhav Uniyal
    (Constitutional Law II; lecture 10(01-04-2020))
    Topics Covered
    • Introduction
    • Right to life
    • Dimensions of right to life
    • Right to personal liberty
    • Procedure established by law and principle of natural justice
    Introduction

    • Most widely interpreted provision of part III


    • Cannot be curtailed even in times of Emergency
    • Personary Right (i.e. available to everyone, citizens as well as non- citizens)
    Right to life
    • Does not mean mere animal or vegetable existence
    • Right to life means right to a dignified life
    • No definition of dignity and has to be interpreted in the widest possible manner
    Dimensions of right to life
    • Right to life includes right to livelihood: Olga Tellis v. Bombay Municipal Corporation
    • Right to Shelter: Chameli Singh v. State of UP
    • Right to privacy:
    a) Right to privacy of a woman of easy virtues: State of Maharashtra v. Madhulkar Narain
    b) Right to privacy not absolute: Mr. X v. Hospital Z (AIR 1995 SC 495)
    c) Telephone- tapping is against right to privacy: People’s Union for Civil Liberties v. UOI
    • Right to medical assistance: Parmananda Katara v. UOI

    Continued…….
    Dimensions of right to life
    • Right to life does not include Right to die: Gian Kaur v. State of Punjab
    • Right to free legal aid: M.H. Hoskot v. State of Maharashtra
    • Right against solitary confinement: Sunil Batra v. Delhi Administration
    • Right to speedy trial: Hussainara Khatoon v. Home Secretary, State of Bihar
    • Ban on smoking in public: Murli S. Deora v. UOI
    • Prevention of sexual harassment of women at workplace: Vishakha v. State of Rajasthan
    • Right to education before 86th amendment Act was a part of right to life under Article 21
    Right to personal liberty
    • Before Maneka Gandhi v. UOI (Articles 19 and 21 separate (A.K. Gopalan v. State of Madras)
    • After Maneka Gandhi v. UOI (Articles 14, 19 and 21 to be read together)
    • Present position
    Procedure established by law and principle of
    natural justice
    • Meaning of procedure established by law
    • Meaning of due process of law
    • Natural justice not included in interpreting the Constitution (A.K. Gopalan v. State of Madras)
    • Principle of just, fair and reasonable law i.e. inclusion of natural justice (Maneka Gandhi v. UOI)
    • Golden triangle of The Constitution of India

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