Article 21 of the Indian Constitution: Subject To Realization

Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Brevity really is the soul of wit!

Indian judiciary is actively broadening the scope and purpose of Article 21 [Refer:
Citation
].
In brief, judiciary has included the right to health (Clemenceau Case).In a landmark verdict, the honorable Supreme Court had also decided that the constitutional protection to life and liberty that all citizens of the state have are also enjoyed by those who are not citizens, although these rights might be curtailed for foreigners subject to the interests of the state.

I shall come to the exploitation of the clause “subject to the interests of the state” by the state in a later post.

But let me try to give you a glimpse of the Article 21 from the other side of the dichotomy a.k.a the Government. I may not be legally incorrect to map the provisions given in the section 7(1) of the Right to Information Act to the Article 21 of the constitution.
And the following was a response to an RTI appeal “The provisions relating to life and liberty under Section 7(1) of the RTI Act, 2005 relate to serious and imminent circumstances endangering the fundamental right of citizens to their life and liberty. They should not be confused with, or misinterpreted as, right of leisure and vacation as has been claimed by the appellant. The appellant is leading normal life and carrying out his routine daily functions without any hindrance. There is no apparent or perceivable threat to life or liberty of the appellant.”

Might be somewhere there exists a common man like me who would like to have the Article 21 more objective rather than leaving it to many subjective interpretations by many stakeholders having vested interests.


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