Article 21 of the Constitution has been interpreted expansively to encompass various facets of personal protection and dignity. Elucidate on the basis of relevant case laws.
Main Body
Article 21 of the constitution declared that 'No person shall be deprived of liberty and life except according to procedure established by law;'
Expansive Interpretation to encompass various facets of personal freedom and dignity:
1. Right to livelihood (Jodan Singh v/s State v/s UIT case and Delhi High Court 2024 judgment for junior lawyers for wages)
2. Right to quality and nutrition: Food (Ajay Banerjea case, 2024)
3. Right to clean and healthy environment - In Re TN Goldman we (2024)
4. Right to privacy (KS Puttaswamy v/s 2024. Justice Yadwali Bhajan held that surveillance conditions for right of privacy)
5. Right to life not just for humans but for animals and environment too (Uttarakhand High Court)
6. Right to marry to partner of one's choice (Shafin Jahan case)
Art. 21 and Public Interest Litigation:
1. Relaxation of locus standi rule
2. Even letters/newspaper articles have been taken as P.I.L. (Raised about LPDR case)
3. Right of understating to face legal aid (Khatri II v Bihar)
Note: Article 21 enforces Supreme Court to Rule as sentinel on qua vive.
Hence, Article 21 is a dynamic provision that provides expansive interpretation in line with changing socio-political scenarios, and because the Constitution is indeed dynamic (not static), the judiciary has interpreted it to ensure protection of every new facet of individual's personal freedom and dignity.
Conclusion
Hence, Article 21 is a dynamic provision that provides expansive interpretation in line with changing socio-political scenarios, and because the Constitution is indeed dynamic (not static), the judiciary has interpreted it to ensure protection of every new facet of individual's personal freedom and dignity.
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DEVANSH SARSWAT
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Right to Privacy and Article 21
Right to Privacy and Article 21
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