Different perspectives of ‘Article 21’ of Constitution of India

Abstract

The Constitution of India is a ‘lakshman rekha’- connotation of the ‘lakshman rekha’ is for the judiciary to interpret, but its jurisdiction is for the public to determine!

The Constitution provides certain fundamental rights to the citizens of the country. Of these Article 21 provides protection against encroachment upon personal liberty and deprivation of life except according to procedure established by law. Judicial interpretation has broadened the scope of Article 21 to include within it a number of rights including those to livelihood, education, good health, clean environment, privacy, speedy trial and humanitarian treatment while imprisoned.

This paper aims to understand the concept of Article 21 and it’s judicial interpretation.  It also seeks to understand the ever evolving, dynamic concept of life and liberty as has been promulgated by the framers of our Constitution.