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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.
Article 21 of the Indian Constitution is a gamut of rights as discovered by the Indian Judiciary over time. Known as the “heart or bedrock” of our Indian Constitution, Article 21 holds a great level of importance as it unfolds. Described as “No person shall be deprived of his life or personal libertRead more
Article 21 of the Indian Constitution is a gamut of rights as discovered by the Indian Judiciary over time. Known as the “heart or bedrock” of our Indian Constitution, Article 21 holds a great level of importance as it unfolds. Described as “No person shall be deprived of his life or personal liberty except according to the procedure established by law” this article is widely interpreted by the judiciary to make a protective blanket for every person against all the odds of society.
Starting from the A.K. Gopalan Case 1950, which identifies personal liberty as merely “bodily” freedom, to the landmark Maneka Gandhi Case, which makes the right to live with dignity inclusive of A21. It stated that the P.E.B.L. must be fair and not arbitrary.
In The Olga Tellis v.s. Bombay Municipal Corporation (1986), the court included the Right to Livelihood under the ambit of A21, protecting pavement dwellers from eviction without alternative accommodation.
Making Right to Privacy a part of A21, through Justice R.S. Puttaswamy v.s. U.O.I 2017, the S.C. expanded the purview of A21. In the series of expansions, the Right To Education was entitled as an F.R. under A21(a) by the 86th C.A.A. through the landmark judgment in Miss Mohini Jain v.s. State Of Karnataka (1992).
This series of interpretations is a never-ending process, guaranteeing every person a just and dignified life.
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