Question Q.3GS2GS2

The expansive interpretation of Article 21 by the judiciary reflects its transformative role in safeguarding not just life, but also various facets of human well-being. Elucidate this statement with the help of relevant case laws.

Main Body

Article 21 is considered to be the fundamental of all the fundamentals and it is the most interpreted right. Expansive interpretation of Article 21 reflecting judiciary's role in various facts: (1) Right to health, as interpreted by judiciary in Paschim Banga Khet Mazoor v. State of West Bengal, is part of right to life. (2) Right to live with dignity in Maneka Gandhi case (1970) expanded interpretation of Article 21 incorporating due process of law. (3) K.S. Puttaswamy judgment (2017) brought right to privacy as part of right to life.

4Right to livelihood as integral part of right to life was made in Olga Tellis case. (5) PUCL vs UoI case made right to food an important facet of right to life. (6) Right to die with dignity in Aruna Shanbaug case made passive euthanasia legal extending right to life. Is also in common cause vs. UoI (2014) dying still was recognized. (7) Right against harmful effects of climate change (2024) was made part of right to life in MK Kayit Sinh case. (8) Right against custodial violence in DK Basu case. (9) Right to shelter is crucial aspect of Article 21 as highlighted in Chameli Singh case. (10) Right to healthy environment in M.C. Mehta. Therefore still 21 is a guiding light (1987) that allows judiciary to impose the human will-being.

223 words1 paragraphs

Open original scan

Page 3

Topper

NANCY SINGH

AIR 342025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Right to Privacy and Article 21

Expansive interpretation of Article 21

Writing Stats

223

Total words

Paragraphs

analytical

Tone