What is Article 21 of the Indian Constitution?
Historical Background
Key Points
6 points- 1.
Right to Life: Not merely animal existence but includes the right to live with human dignity and all that goes with it, such as adequate nutrition, clothing, shelter, and facilities for reading, writing, and expressing oneself.
- 2.
Right to Personal Liberty: A wide-ranging concept encompassing various rights necessary for a person's overall development and well-being.
- 3.
Applicable to all persons (citizens and non-citizens).
- 4.
Can only be curtailed by a procedure established by law, which must be fair, just, and reasonable.
- 5.
Judicial pronouncements have read numerous unenumerated rights into Article 21, including: Right to live with human dignity, Right to privacy (Puttaswamy case, 2017), Right to shelter, health, education (Article 21A), Right to clean environment, Right to speedy trial, Right against sexual harassment, Right to reputation, Right to livelihood.
- 6.
It is a positive obligation on the State to protect these rights.
Visual Insights
Article 21 - Right to Life and Personal Liberty
Mind map illustrating the scope and implications of Article 21 of the Indian Constitution.
Article 21
- ●Core Components
- ●Expanded Scope
- ●Limitations
- ●Related Articles
Evolution of Article 21
Timeline showing the key milestones and judicial pronouncements in the evolution of Article 21.
Article 21 has been significantly expanded through judicial interpretation, reflecting an evolving understanding of human rights and fundamental freedoms.
- 1950Initial interpretation of Article 21 focused on protection against arbitrary executive action.
- 1978Maneka Gandhi v. Union of India: 'Procedure established by law' must be 'fair, just, and reasonable'.
- 2017Justice K.S. Puttaswamy (Retd.) v. Union Of India: Right to privacy declared a fundamental right under Article 21.
- 2018Decriminalization of Section 377, recognizing LGBTQ+ rights under Article 21.
- 2020-2021Supreme Court interventions during COVID-19 to ensure access to healthcare and medical oxygen under Article 21.
- 2026Ongoing debates on data protection and environmental pollution in relation to Article 21.
Recent Developments
4 developmentsThe Right to Privacy was declared a fundamental right under Article 21 in the Puttaswamy case (2017).
The right to internet access has been argued as implicit in Article 21.
Ongoing judicial activism continues to expand the horizons of Article 21 to address contemporary challenges.
The experience of racism and discrimination, as highlighted in the news, can be seen as a violation of the right to live with dignity and personal liberty, making Article 21 relevant in seeking redressal.
This Concept in News
2 topicsSupreme Court directs states to develop protocol for correctional institutions
27 Feb 2026This news highlights the ongoing evolution of Article 21 and its application to vulnerable populations, specifically prisoners. It demonstrates that the right to life with dignity extends even to those who have been convicted of crimes and are serving time in correctional facilities. The Supreme Court's directive challenges the traditional view of prisons as purely punitive institutions, emphasizing their role in rehabilitation and social reintegration. This news reveals the judiciary's proactive role in ensuring that the state upholds its constitutional obligations towards all individuals, regardless of their circumstances. The implications of this news are significant for prison reform, requiring states to invest in infrastructure, training, and programs that promote the well-being and rehabilitation of prisoners. Understanding Article 21 is crucial for analyzing this news because it provides the legal and constitutional framework for evaluating the state's actions and ensuring that they are consistent with fundamental rights. Without this understanding, it would be difficult to appreciate the significance of the Supreme Court's directive and its potential impact on the lives of prisoners.
Manipur Violence Inquiry Commission Faces Leadership Change
27 Feb 2026The Manipur violence and the inquiry commission highlight the practical challenges in upholding Article 21 in situations of conflict and social unrest. (1) The news underscores the state's obligation to protect the right to life and personal liberty, even in challenging circumstances. (2) The violence in Manipur demonstrates how these rights can be easily violated during ethnic clashes, and the inquiry commission is a mechanism to address these violations. (3) The leadership change in the commission raises questions about the efficiency and impartiality of the investigation process, which is crucial for ensuring justice and accountability. (4) The implications of this news for Article 21 include the need for stronger mechanisms to prevent and address human rights violations during conflicts, as well as the importance of ensuring the independence and effectiveness of inquiry commissions. (5) Understanding Article 21 is crucial for analyzing this news because it provides the legal and constitutional framework for evaluating the state's response to the violence and for assessing the effectiveness of the inquiry commission in upholding fundamental rights.