2 minConstitutional Provision
Constitutional Provision

Article 21

What is Article 21?

Article 21 of the Indian Constitution guarantees the protection of life and personal liberty. It states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." This includes the right to a speedy trial.

Historical Background

Evolved through judicial interpretation, particularly in the Maneka Gandhi vs. Union of India (1978) case, which broadened its scope to include a fair, just, and reasonable procedure.

Key Points

8 points
  • 1.

    Guarantees right to life and personal liberty to all persons, citizens and non-citizens alike.

  • 2.

    Enshrines the principle of due process of law.

  • 3.

    Includes various aspects of life, such as right to livelihood, right to privacy, right to health, and right to a clean environment.

  • 4.

    The right to a speedy trial is an essential part of Article 21, ensuring that justice is not delayed.

  • 5.

    State has an obligation to ensure that the procedure established by law is fair, just, and reasonable.

  • 6.

    Enforceable through writ jurisdiction of the High Courts and the Supreme Court.

  • 7.

    Cannot be suspended even during an emergency, except as provided by the Constitution itself.

  • 8.

    Forms part of the basic structure of the Constitution and cannot be amended in a way that violates its essence.

Visual Insights

Article 21: Protection of Life and Personal Liberty

Mind map illustrating the key aspects of Article 21, including its expanded scope through judicial interpretation and various rights encompassed within it.

Article 21: Protection of Life and Personal Liberty

  • Core Principle
  • Expanded Scope
  • Procedure Established by Law
  • Limitations

Recent Developments

4 developments

Supreme Court's emphasis on the right to a clean environment in various cases.

Debate on the scope of right to privacy after the Aadhaar case.

Continued judicial activism in protecting and expanding the scope of Article 21.

Concerns raised about delays in justice delivery and its impact on personal liberty.

This Concept in News

5 topics

Bulldozer Justice and Due Process: Allahabad HC Intervention

27 Feb 2026

This news highlights the crucial role of Article 21 in safeguarding against arbitrary state action. The practice of 'bulldozer justice' raises serious concerns about whether individuals are being deprived of their property and livelihood without a fair hearing or legal justification. This challenges the principle that no one should be deprived of their life or personal liberty except according to a procedure established by law. The Allahabad High Court's intervention underscores the judiciary's role in upholding constitutional rights and ensuring that the state acts within the bounds of the law. This news reveals that even in cases where there is public support for swift action against alleged criminals, the constitutional guarantees of due process and the right to life cannot be sacrificed. Understanding Article 21 is crucial for analyzing this news because it provides the legal framework for evaluating whether the state's actions are justified and proportionate. It also highlights the importance of balancing law enforcement with the protection of fundamental rights.

Supreme Court Denies Legal Right to Rehabilitate Haldwani Residents

25 Feb 2026

The Haldwani case highlights the complex interplay between Article 21 and the state's power to acquire land for public purposes. While Article 21 guarantees the right to life, including the right to shelter and livelihood, these rights are not absolute and can be subject to reasonable restrictions. The news demonstrates how the courts balance these rights against the state's legitimate interests, such as railway expansion. This case challenges the practical application of Article 21, particularly for vulnerable populations facing displacement. It reveals the limitations of relying solely on judicial remedies and underscores the need for comprehensive rehabilitation policies. Understanding Article 21 is crucial for analyzing this news because it provides the legal and constitutional framework for evaluating the competing claims of the state and the affected residents. It also helps in assessing the fairness and justness of the proposed solutions, such as offering alternative housing under the PMAY scheme.

WhatsApp Assures Compliance with CCI Data Sharing Directives in Supreme Court

24 Feb 2026

The news regarding WhatsApp's compliance with CCI directives highlights the ongoing tension between data privacy and the business models of tech companies. This news demonstrates how the interpretation of Article 21, particularly concerning the right to privacy, is constantly evolving in response to technological advancements and changing societal norms. The CCI's investigation challenges the idea that companies have unfettered freedom to use user data as they see fit, suggesting that there are limits to data sharing when it infringes upon fundamental rights. This news underscores the importance of understanding Article 21 for analyzing issues related to data protection, surveillance, and the regulation of tech companies. It also reveals the judiciary's crucial role in balancing individual rights with the interests of the State and the economy. Understanding Article 21 is crucial for properly analyzing and answering questions about this news because it provides the legal and constitutional framework for assessing the validity and impact of data sharing policies on citizens' fundamental rights.

Bengal CM Condemns Pune Migrant Worker Death as 'Hate Crime'

13 Feb 2026

The news highlights the vulnerability of migrant workers and the potential for discrimination and violence against them. This directly relates to Article 21, which guarantees the right to life and personal liberty to all individuals, including migrants. The incident, if proven to be a hate crime, challenges the practical application of Article 21, demonstrating that the right to life is not equally protected for all. It reveals that xenophobia and discrimination can undermine the constitutional guarantees of equality and personal liberty. The implications of this news are significant, as it underscores the need for stronger measures to protect vulnerable populations and ensure that Article 21 is effectively enforced. Understanding Article 21 is crucial for analyzing this news because it provides the legal and constitutional framework for assessing whether the state has fulfilled its obligation to protect the life and liberty of all its residents. It also helps in understanding the broader issues of social justice and equality that are at stake.

MeToo Movement: Lingering Silence and the Ongoing Fight for Justice

13 Feb 2026

The news about the lingering silence and the ongoing fight for justice in the MeToo movement highlights the limitations in the practical application of Article 21. (1) This news demonstrates that the right to life with dignity, as enshrined in Article 21, is not always effectively protected, especially for vulnerable groups like survivors of sexual harassment. (2) The news challenges the notion that legal frameworks alone are sufficient to guarantee fundamental rights. Social attitudes, power dynamics, and institutional biases can undermine the effectiveness of legal protections. (3) This news reveals the need for a more holistic approach to addressing sexual harassment, including prevention, awareness-raising, and support services for survivors. (4) The implications of this news for Article 21's future are that the judiciary and the government must take proactive steps to ensure that the right to life with dignity is truly accessible to all, regardless of their gender or social status. (5) Understanding Article 21 is crucial for analyzing this news because it provides the legal and constitutional framework for understanding the rights at stake and the state's obligations to protect those rights. Without this understanding, it is difficult to fully grasp the significance of the challenges faced by survivors of sexual harassment and the importance of the ongoing fight for justice.

Source Topic

Bulldozer Justice and Due Process: Allahabad HC Intervention

Polity & Governance

UPSC Relevance

Crucial for UPSC GS Paper 2 (Polity and Governance) and GS Paper 4 (Ethics). Frequently asked in both Prelims and Mains, especially in questions related to fundamental rights, judicial review, and governance.

Article 21: Protection of Life and Personal Liberty

Mind map illustrating the key aspects of Article 21, including its expanded scope through judicial interpretation and various rights encompassed within it.

Article 21: Protection of Life and Personal Liberty

Right to life with dignity

Personal liberty

Right to privacy

Right to health

Right to clean environment

Fair, just, and reasonable

Suspension during emergency (limited)

Connections
Article 21: Protection Of Life And Personal LibertyCore Principle
Article 21: Protection Of Life And Personal LibertyExpanded Scope
Article 21: Protection Of Life And Personal LibertyProcedure Established By Law
Article 21: Protection Of Life And Personal LibertyLimitations

This Concept in News

5 news topics

5

Bulldozer Justice and Due Process: Allahabad HC Intervention

27 February 2026

This news highlights the crucial role of Article 21 in safeguarding against arbitrary state action. The practice of 'bulldozer justice' raises serious concerns about whether individuals are being deprived of their property and livelihood without a fair hearing or legal justification. This challenges the principle that no one should be deprived of their life or personal liberty except according to a procedure established by law. The Allahabad High Court's intervention underscores the judiciary's role in upholding constitutional rights and ensuring that the state acts within the bounds of the law. This news reveals that even in cases where there is public support for swift action against alleged criminals, the constitutional guarantees of due process and the right to life cannot be sacrificed. Understanding Article 21 is crucial for analyzing this news because it provides the legal framework for evaluating whether the state's actions are justified and proportionate. It also highlights the importance of balancing law enforcement with the protection of fundamental rights.

Supreme Court Denies Legal Right to Rehabilitate Haldwani Residents

25 February 2026

The Haldwani case highlights the complex interplay between Article 21 and the state's power to acquire land for public purposes. While Article 21 guarantees the right to life, including the right to shelter and livelihood, these rights are not absolute and can be subject to reasonable restrictions. The news demonstrates how the courts balance these rights against the state's legitimate interests, such as railway expansion. This case challenges the practical application of Article 21, particularly for vulnerable populations facing displacement. It reveals the limitations of relying solely on judicial remedies and underscores the need for comprehensive rehabilitation policies. Understanding Article 21 is crucial for analyzing this news because it provides the legal and constitutional framework for evaluating the competing claims of the state and the affected residents. It also helps in assessing the fairness and justness of the proposed solutions, such as offering alternative housing under the PMAY scheme.

WhatsApp Assures Compliance with CCI Data Sharing Directives in Supreme Court

24 February 2026

The news regarding WhatsApp's compliance with CCI directives highlights the ongoing tension between data privacy and the business models of tech companies. This news demonstrates how the interpretation of Article 21, particularly concerning the right to privacy, is constantly evolving in response to technological advancements and changing societal norms. The CCI's investigation challenges the idea that companies have unfettered freedom to use user data as they see fit, suggesting that there are limits to data sharing when it infringes upon fundamental rights. This news underscores the importance of understanding Article 21 for analyzing issues related to data protection, surveillance, and the regulation of tech companies. It also reveals the judiciary's crucial role in balancing individual rights with the interests of the State and the economy. Understanding Article 21 is crucial for properly analyzing and answering questions about this news because it provides the legal and constitutional framework for assessing the validity and impact of data sharing policies on citizens' fundamental rights.

Bengal CM Condemns Pune Migrant Worker Death as 'Hate Crime'

13 February 2026

The news highlights the vulnerability of migrant workers and the potential for discrimination and violence against them. This directly relates to Article 21, which guarantees the right to life and personal liberty to all individuals, including migrants. The incident, if proven to be a hate crime, challenges the practical application of Article 21, demonstrating that the right to life is not equally protected for all. It reveals that xenophobia and discrimination can undermine the constitutional guarantees of equality and personal liberty. The implications of this news are significant, as it underscores the need for stronger measures to protect vulnerable populations and ensure that Article 21 is effectively enforced. Understanding Article 21 is crucial for analyzing this news because it provides the legal and constitutional framework for assessing whether the state has fulfilled its obligation to protect the life and liberty of all its residents. It also helps in understanding the broader issues of social justice and equality that are at stake.

MeToo Movement: Lingering Silence and the Ongoing Fight for Justice

13 February 2026

The news about the lingering silence and the ongoing fight for justice in the MeToo movement highlights the limitations in the practical application of Article 21. (1) This news demonstrates that the right to life with dignity, as enshrined in Article 21, is not always effectively protected, especially for vulnerable groups like survivors of sexual harassment. (2) The news challenges the notion that legal frameworks alone are sufficient to guarantee fundamental rights. Social attitudes, power dynamics, and institutional biases can undermine the effectiveness of legal protections. (3) This news reveals the need for a more holistic approach to addressing sexual harassment, including prevention, awareness-raising, and support services for survivors. (4) The implications of this news for Article 21's future are that the judiciary and the government must take proactive steps to ensure that the right to life with dignity is truly accessible to all, regardless of their gender or social status. (5) Understanding Article 21 is crucial for analyzing this news because it provides the legal and constitutional framework for understanding the rights at stake and the state's obligations to protect those rights. Without this understanding, it is difficult to fully grasp the significance of the challenges faced by survivors of sexual harassment and the importance of the ongoing fight for justice.