Article 21 in The Constitution Of India 1949
Article 21 in The Constitution Of India 1949
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
Additional District Magistrate, ... vs S. S. Shukla Etc. Etc on 28 April, 1976
Justice K.S.Puttaswamy(Retd) ... vs Union Of India And Ors. on 24 August, 2017
Additional District Magistrate, ... vs Shivakant Shukla on 28 April, 1976
Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
Maneka Gandhi vs Union Of India on 25 January, 1978
Article 21
procedure established by law
This is because of the expression 'due process established by law', which is different from the expression 'due to law' contained in the US Constitution. Therefore, the validity of the law cannot be questioned on the basis that it is unfair or unjust. [2] But in Maneka's case, the Supreme Court overruled its decision in the Gopalan case and An. 21 comprehensively explained. So he ruled that a person's right to life and personal liberty can be deprived by law provided it is justifiable. In other words, he introduced the American law' due process of law, the protection under Article 21 only. There should be protection available not only against arbitrary executive action, but also against arbitrary legislative action. 'The right to life' written in Article 21 is not limited to mere animal existence or survival, but includes within its scope the right to live with human dignity and all those aspects of life which make a person's life meaningful, full and Needed to make it worthy.
declaration of rights
The Supreme Court has declared the following rights as part of Article 21: 1. To live with human dignity 2. Right to life, 3. Right to health 4. Right to shelter, 5. Right to privacy 6. Right to a civilized environment including free water and air and protection against hazardous industries 7. Right to sleep 8. Right to freedom from noise pollution 9. Right to be treated with dignity and respect for women 10. Right against custodial torture 11. Right to social and economic life and empowerment 12. Right to travel abroad 13. Right to timely medical treatment in government hospitals 14. Right to free education up to the age of fourteen years 15. Emergency medical treatment Right to Assistance 16. Right against handcuffs 17. Right to a fair trial 18. Right against solitary confinement 19. Right to free legal aid 20. Right not to be banished from the State 21. Right to electricity 22. Against inhuman treatment Rights 23. Right to dignity 24. Right against public hanging 25. Right against bonded labor 26. Right to information. [4] 27. Right to marry as per one's wish