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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The British divided India into provinces in a way that disrupted linguistic and cultural balances. Since the 1920s, nationalist congress leaders have wanted to reorganise provinces based on language. At the 1920 Nagpur session of the Indian National Congress, they agreed to this idea. However, afterRead more
The British divided India into provinces in a way that disrupted linguistic and cultural balances. Since the 1920s, nationalist congress leaders have wanted to reorganise provinces based on language. At the 1920 Nagpur session of the Indian National Congress, they agreed to this idea. However, after India gained independence in 1947, the new leaders, including the Constituent Assembly, hesitated to this idea of linguistic reorganisation of the state. Historian Bipin Chandra says at the time of Independence the leaders felt that national unity was their top priority.
The push for linguistic reorganisation came back with the demand for a separate Andhra state. This led to the creation of Andhra Pradesh in October 1953, the first state reorganised based on language after independence. The States Reorganisation Committee (SRC) supported this principle and in 1955 recommended redrawing state boundaries based on language, while also considering administrative and economic factors and national unity. The States Reorganisation Act, passed in November 1956, created 14 states and 6 centrally administered territories. This was followed by the division of Bombay State into Gujarat for Gujarati speakers and Maharashtra for Marathi speakers.
You may further read “Interrogating Reorganisation of States: Culture, Identity, and Politics in India” by Asha Sarangi and Sudha Pai.
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