Question Q.2GS2GS2

Article 21 of the Indian Constitution broadly interprets the right to life and liberty. Elucidate with the help of celebrated case laws.

Main Body

Article 21, as per S.L. Krishna Iyer, prayereth the 'democracy's conscience' of Indian constitutionalism as a right that expands when liberties contract. Right to life & personal liberty ├─ due process of laws and procedure established by law └─ liberty ─── positive opening └─ negative liberty mandation. Broad Interpretation: D Carries social justice tinge with opening ambit of criminal justice system. eg death penalty baseline (3rd generation) 2) Evolution of 2nd and 3rd generation rights vita specialized eg Olga Tellis case - Right to livelihood. 3) Social infrastructure as a right eg Unnikrishnan Vc State of Kerala - right to education publication.

4Right primum among other fundamental rights eg Right to information, Right to be forgotten (Delhi HC) 5) Environmental jurisprudence forain─ eg MC Mehta's absolute and strict liability. E) Right to clean air 7) Moves beyond mere 'bodily' and 'negative' understandably of liberty - meaningful life under Maneka Gandhe case. 8) Expands individual's power and check over State's arbitrary action eg Ajalkranth case. 9) Provision against inhumane conduct as undesired jail eg Right against arbitrary confinement). 9) Opening to free legal aid under Huslainara Station judgement (Ultimately Article 39-J). Thus, Article 21 stands as the litmus test of advanced rights of 21st century political discourse.

207 words1 paragraphs

Conclusion

Thus, Article 21 stands as the litmus test of advanced rights of 21st century political discourse.

16 words

Diagram

Flowchart showing 'Right to life & personal liberty' with branches for 'due process of laws and procedure established by law' and 'liberty' subdividing into 'positive opening' and 'negative liberty mandation'

Open original scan

Page 3

Topper

ZINNIA AURORA

AIR 62025

Subject & Paper

GS2GS2

Topic

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

Right to Privacy and Article 21

Article 21 interpretation through judicial precedents

Writing Stats

223

Total words

Paragraphs

analytical, conceptual

Tone