Changing Dimensions of Article 21
✅ What is Article 21?
Article 21 is a constitutional provision that guarantees:
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
At first glance, this may seem simple—but over time, courts have expanded and evolved its meaning to include a wide range of human rights. This is why we talk about the "changing dimensions" of Article 21.
📌 Original Interpretation: Narrow and Literal
Early View:
In the early years, Article 21 was interpreted narrowly.
The phrase “procedure established by law” was taken to mean any procedure laid down by law, even if it was unjust or unfair.
🔹 Case: A.K. Gopalan v. State of Madras (1950)
Facts: A political leader was detained under a preventive detention law.
Held: The court upheld the detention, saying as long as there was a procedure (no matter how unfair), it was valid under Article 21.
Significance: Life and liberty were not given a broad or substantive meaning.
✅ This view was later overruled, leading to a more liberal and humanistic interpretation.
✅ Modern Interpretation: Expansive and Liberal
Turning Point:
🔹 Case: Maneka Gandhi v. Union of India (1978)
Facts: The government impounded Maneka Gandhi’s passport without giving her a proper hearing.
Held: The court ruled that “procedure established by law” must be fair, just, and reasonable.
Significance:
Introduced the concept of substantive due process.
Opened the door for Article 21 to be used as a foundation for multiple human rights.
🌟 Expanded Dimensions of Article 21
Over time, the courts have interpreted "life" and "personal liberty" to include a wide range of rights, even if they are not explicitly written in the Constitution.
🔹 1. Right to Live with Human Dignity
Recognized that the right to life includes not just physical existence, but also living with dignity.
Includes access to food, clean water, shelter, and healthcare.
🔹 Case: Francis Coralie Mullin v. Administrator, Union Territory of Delhi
Held: Life means more than mere survival; it includes dignified existence.
🔹 2. Right to Privacy
Privacy was recognized as part of personal liberty.
🔹 Case: Justice K.S. Puttaswamy v. Union of India (2017)
Held: Privacy is a fundamental right under Article 21.
Covers protection of personal data, bodily autonomy, sexual orientation, etc.
🔹 3. Right to Livelihood
Initially not included, but later recognized as a basic component of the right to life.
🔹 Case: Olga Tellis v. Bombay Municipal Corporation (1985)
Facts: Pavement dwellers were evicted without notice.
Held: Right to livelihood is part of the right to life because no one can live without a means of livelihood.
🔹 4. Right to Clean Environment
A clean and healthy environment is essential to life.
🔹 Case: Subhash Kumar v. State of Bihar
Held: The right to live includes the right to pollution-free water and air.
🔹 5. Right to Education
Though education is not explicitly listed under Article 21, it was read into it as essential for a dignified life.
🔹 Case: Mohini Jain v. State of Karnataka
Held: The right to education flows from Article 21.
🔹 6. Right to Die with Dignity (Passive Euthanasia)
Recognized that the right to life includes the right to die with dignity in certain cases.
🔹 Case: Common Cause v. Union of India (2018)
Held: Passive euthanasia and living wills are permissible under Article 21.
🧠 Summary Table: Evolution of Article 21
| Case | Expanded Dimension |
|---|---|
| A.K. Gopalan | Narrow, literal interpretation |
| Maneka Gandhi | Fair, just, reasonable procedure |
| Francis Mullin | Life with dignity |
| Olga Tellis | Right to livelihood |
| Subhash Kumar | Right to clean environment |
| Mohini Jain | Right to education |
| Puttaswamy | Right to privacy |
| Common Cause | Right to die with dignity |
🔚 Conclusion
The interpretation of Article 21 has transformed drastically:
From a restricted legal right to a broad human right.
It now acts as a source of multiple implied rights essential for living a life of dignity.
The changing dimensions reflect the dynamic and evolving nature of constitutional law, ensuring it keeps pace with the needs of a progressive society.
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