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Article 21 of the Indian Constitution guarantees the protection of life and personal liberty. Discuss how the judiciary has expanded the scope of Article 21 through various landmark judgments. How has this expansion impacted the rights of individuals in India? Illustrate your answer with relevant case laws.
Though, Directive principles are not enforceable in any court of India, but the fundamental rights are safeguarded indirectly. Our constitutional makers have put constitutional remedies in place ,namely habeas corpus, mandamus, prohibition, quo warranto and certiorari.Any action by legislative or exRead more
Though, Directive principles are not enforceable in any court of India, but the fundamental rights are safeguarded indirectly. Our constitutional makers have put constitutional remedies in place ,namely habeas corpus, mandamus, prohibition, quo warranto and certiorari.Any action by legislative or executive organ , which violates the fundamental rights of any Indian citizen or Foreigner (in few cases) will be nullified as void by only under the authority of Supreme Court or any High Court of India. But it is important to understand that article 21 and Artcle 19 are protected against any action of state (defined in article 12 of Indian Constitution) but not against individual actions which violates their fundamental right mentioned in article 21 and 19 (might have legal remedy but not constitutional remedy). Article 21 is not intended to limit power of legislature but to limit the illegal actions of executives.
There are many cases under which Article 21 have been evoked and brought historical and policy changes in India for example right to life , many aspects like Right to Clean water and air, Right to Education etc basically think the elements of life which are integral to leading a life with dignity.
One interesting case is Right against Solitary Confinement under Artcile 21 , case of Sunil Batra v. Delhi International Journal of Pure and Applied Mathematics Administration . , granted imprisonment but held under solitary confinement for 8 years which is clear violation of Artcile 21.
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