Skip to main content

ARTICLE 21 OF INDIAN CONSTUTION

 



Article 21 of the Indian Constitution is one of the most significant articles that protect the fundamental rights of every individual in the country. It is a comprehensive article that deals with various aspects of an individual's life, such as personal liberty, life, and property. The article is based on the idea that every individual has the right to live with dignity and without fear of the state's arbitrary actions.


Article 21 states that "No person shall be deprived of his life or personal liberty except according to a procedure established by law." The article guarantees the right to life and personal liberty, which is one of the most basic and fundamental human rights. It is the responsibility of the state to ensure that every individual has access to this right.


The right to life under Article 21 means more than just the right to exist. It includes the right to a dignified life, the right to livelihood, the right to a healthy environment, and the right to access to justice. The right to personal liberty means that an individual has the right to move freely, work, and reside anywhere in the country without any fear of arbitrary arrest or detention.


The scope of Article 21 has been expanded by various judicial interpretations over the years. It has been interpreted to include the right to privacy, the right to a fair trial, the right to legal aid, and the right to speedy trial, among others. The article has been instrumental in protecting the rights of individuals against the arbitrary actions of the state.


Right to Privacy


The right to privacy is an essential component of personal liberty. In Kharak Singh v. State of U.P (1962), the Supreme Court held that the right to privacy is not explicitly mentioned in the Constitution but is an essential ingredient of personal liberty. The court observed that "the right to personal liberty is not an absolute right, but any intrusion on it must be justified by law."


The right to privacy has been recognized as a fundamental right in various landmark judgments. In the Puttaswamy judgment (2017), the Supreme Court held that the right to privacy is a fundamental right under Article 21 of the Constitution. The court observed that "Privacy is an intrinsic part of life and personal liberty under Article 21 and is a constitutionally protected right."


The right to privacy has been instrumental in protecting individuals from the state's arbitrary actions, such as surveillance, interception of communications, and data collection. The right to privacy has also been used to challenge various laws, such as Section 377 of the Indian Penal Code, which criminalized homosexual acts. In Navtej Singh Johar v. Union of India (2018), the Supreme Court held that Section 377 of the Indian Penal Code is violative of the right to privacy and personal liberty.


Right to a Fair Trial


The right to a fair trial is an essential component of the right to life and personal liberty. In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to a fair trial is a fundamental right under Article 21 of the Constitution. The court observed that "the right to a fair trial is not a mere procedural right but is an essential part of the right to life and personal liberty."


The right to a fair trial includes various components, such as the right to a speedy trial, the right to legal aid, the right to cross-examine witnesses, and the right to be heard. The right to a fair trial has been instrumental in protecting individuals from arbitrary actions of the state and ensuring that justice is served.


Right to Legal Aid


The right to legal aid is an essential component of the right to a fair trial. In Hussainara Khatoon v. Home Secretary, State of Bihar (1980), the Supreme Court held that the right to legal aid is a fundamental right under Article

Comments

Popular posts from this blog

Whatsapp web Download

  Wh atsApp is a popular messaging app that allows users to communicate with friends and family from their mobile phones. However, many people are unaware of the WhatsApp Web feature, which allows you to access your WhatsApp account from a desktop computer. In this article, we will explore what WhatsApp Web is and how it works. What is WhatsApp Web? WhatsApp Web is a desktop version of the WhatsApp app. It allows users to access their WhatsApp account from a computer using a web browser such as Chrome, Firefox, or Safari. To use WhatsApp Web, you must have an active WhatsApp account on your mobile phone and an internet-connected computer. How does it work? To use WhatsApp Web, follow these steps: 1. Open your web browser and go to the WhatsApp Web website  Download whatsapp web  2. Open WhatsApp on your mobile phone and tap on the three dots in the top right corner of the screen. 3. Select "WhatsApp Web" from the dropdown menu. 4. Scan the QR code displayed on the compute...

The Reality of the Modi Government in India: Examining its Impact

Introduction: Since coming to power in 2014, the Narendra Modi-led government in India has been the subject of both praise and criticism. Supporters applaud its initiatives and economic policies, while detractors raise concerns over issues such as religious tensions, freedom of speech, and economic inequality. In this article, we will delve into the reality of the Modi government, examining its achievements, controversies, and their impact on the nation. 1. Economic Reforms and Development: One of the key areas where the Modi government has made notable strides is in economic reforms. Initiatives such as "Make in India" and "Digital India" aimed to boost domestic manufacturing and digitization have been launched. The implementation of the Goods and Services Tax (GST) and the Insolvency and Bankruptcy Code (IBC) were significant steps towards a more streamlined and transparent economy. Additionally, infrastructure development projects like the Pradhan Mantri Awas Yoj...

Main Reasons Why BJP Lost Karnataka - elections

  The Karnataka state election of 2023 was a closely watched event in Indian politics, with many wondering if the Bharatiya Janata Party (BJP) would be able to maintain its dominance in the state. However, the BJP ended up losing the election to the Indian National Congress (INC), causing many to wonder why the ruling party was defeated. There were several key factors that contributed to the BJP's loss in Karnataka. One of the primary reasons for the BJP's loss was anti-incumbency. The BJP had been in power in Karnataka for over a decade, and many voters were simply tired of the same party being in charge. Over the years, the BJP government had faced criticism over issues such as floods, droughts, and the COVID-19 pandemic, which had eroded public trust in the party. Another significant factor was infighting within the BJP. There were multiple factions within the party, and they often struggled to work together. This led to a lack of unity in the party, which in turn made it di...