Article 21: The Heart and Lifeline of the Fundamental Rights

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Abstract In every organized society, the rights as guaranteed by the established are meant to achieve the certain ends. Right to life and personal liberty is an essential part of human life. In its wider connotation, it includes all the basic necessities of life without which one could not even survive. Article 21 deals with one of the Fundamental Rights guaranteed by the Constitution. The right to life and personal liberty is a fundamental right in the Indian Constitution that protects people from being deprived of their life or liberty without due process. The Supreme Court of India has described this right as the ‘Heart of Fundamental Rights’. The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law. This implies that this right has been provided against the State only. State here includes not just the government, but also, government departments, local bodies, the Legislatures, etc. Any private individual encroaching on these rights of another individual does not amount to a violation of Article 21. The remedy for the victim, in this case, would be under Article 226 or under general law. The right to life is not just about the right to survive. It also entails being able to live a complete life of dignity and meaning. The chief goal of Article 21 is that when the right to life or liberty of a person is taken away by the State, it should only be according to the prescribed procedure of law. This research paper explains the meaning, significance and scope of life and personal liberty. It also discusses the Indian judiciary’s concern towards the liberal interpretation of right to life and personal liberty By doing so, the landmark judgments declaring right to live healthy environment, right to privacy, right to marry, etc. as part of right to life and personal liberty have been analysed in detail.