4 min
Polity EP 11 Fundamental Rights | Article 21 Protection of life and personal liberty | Constitution | UPSC podcast | laxmikant | Right to freedom UPSC Podcast : The IAS Companion ( for UPSC aspirants )
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Good day, everyone. Today, we embark on an enlightening exploration of the constitutional safeguards enshrined in Article 21, which guarantees the protection of life and personal liberty for all individuals, irrespective of their citizenship status. This pivotal provision serves as the bedrock of our legal framework, ensuring the preservation of fundamental rights in our democratic society. Let us delve into the intricacies of Article 21 and its profound implications for the administration of justice and the protection of human dignity.
1. Historical Context: Article 21 of the Indian Constitution, a cornerstone of our legal system, unequivocally declares that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This right extends to both citizens and non-citizens, emphasizing the universality of its application and the inherent dignity of every individual.
2. Narrow Interpretation in the Gopalan Case: Initially, the Supreme Court, in the landmark Gopalan case (1950), adopted a narrow interpretation of Article 21. It held that the protection under Article 21 was limited to safeguarding against arbitrary executive action and did not extend to arbitrary legislative action. This meant that the state could deprive individuals of their right to life and personal liberty based on laws enacted by the legislature. The court emphasized the phrase "procedure established by law," distinguishing it from the American concept of "due process of law."
3. Broadening of Interpretation in the Menaka Case: However, in the Menaka case (1978), the Supreme Court revisited its interpretation of Article 21 and adopted a broader perspective. It ruled that the right to life and personal liberty could be deprived by law only if the procedure prescribed by that law was reasonable, fair, and just. This marked a significant departure from the earlier interpretation and introduced the concept of "due process of law," akin to the American jurisprudence. The court emphasized that the right to life extends beyond mere existence and encompasses the right to live with human dignity, ensuring a meaningful and fulfilling life.
4. Expanded Scope of Article 21: Subsequently, the Supreme Court has reaffirmed and expanded the scope of Article 21 in various judgments. It has declared a plethora of rights as part of Article 21, including the right to live with human dignity, right to livelihood, right to privacy, right to health, right to education, right to shelter, and many more. These rights reflect the comprehensive nature of Article 21, which encompasses a wide array of personal liberties essential for the holistic development and well-being of individuals.
5. Right to Education (Article 21A): In addition to the protection of life and personal liberty under Article 21, the Constitution also guarantees the right to education as a fundamental right under Article 21A. This provision mandates the state to provide free and compulsory education to all children between the ages of six and fourteen years. The enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, further reinforces this commitment and underscores the importance of inclusive elementary education in fostering equality, social justice, and democracy.
#UPSC #IASprep #civilserviceexam #IASexamination #IASaspirants #UPSCjourney #IASexam #civilservice #IASgoals #UPSC2024 #IAS2024 #civilservant #IAScoaching #aUPSCmotivation #IASmotivation #UPSCpreparation #IASpreparation #UPSCguide #IASguide #UPSCtips #IAStips #UPSCbooks #IASbooks #UPSCexamstrategy #IASexamstrategy #UPSCmentorship #IASmentorship #UPSCcommunity #IAScommunity #UPSCpreparation #IASpreparation #UPSCguide #IASguide #UPSCtips #IAStips #UPSCbooks #IASbooks #UPSCexamstrategy #IASexamstrategy #UPSCmentorship #IASmentorship #UPSCcommunity #IAScommunity
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Send in a voice message: https://podcasters.spotify.com/pod/show/theiascompanion/message
Good day, everyone. Today, we embark on an enlightening exploration of the constitutional safeguards enshrined in Article 21, which guarantees the protection of life and personal liberty for all individuals, irrespective of their citizenship status. This pivotal provision serves as the bedrock of our legal framework, ensuring the preservation of fundamental rights in our democratic society. Let us delve into the intricacies of Article 21 and its profound implications for the administration of justice and the protection of human dignity.
1. Historical Context: Article 21 of the Indian Constitution, a cornerstone of our legal system, unequivocally declares that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This right extends to both citizens and non-citizens, emphasizing the universality of its application and the inherent dignity of every individual.
2. Narrow Interpretation in the Gopalan Case: Initially, the Supreme Court, in the landmark Gopalan case (1950), adopted a narrow interpretation of Article 21. It held that the protection under Article 21 was limited to safeguarding against arbitrary executive action and did not extend to arbitrary legislative action. This meant that the state could deprive individuals of their right to life and personal liberty based on laws enacted by the legislature. The court emphasized the phrase "procedure established by law," distinguishing it from the American concept of "due process of law."
3. Broadening of Interpretation in the Menaka Case: However, in the Menaka case (1978), the Supreme Court revisited its interpretation of Article 21 and adopted a broader perspective. It ruled that the right to life and personal liberty could be deprived by law only if the procedure prescribed by that law was reasonable, fair, and just. This marked a significant departure from the earlier interpretation and introduced the concept of "due process of law," akin to the American jurisprudence. The court emphasized that the right to life extends beyond mere existence and encompasses the right to live with human dignity, ensuring a meaningful and fulfilling life.
4. Expanded Scope of Article 21: Subsequently, the Supreme Court has reaffirmed and expanded the scope of Article 21 in various judgments. It has declared a plethora of rights as part of Article 21, including the right to live with human dignity, right to livelihood, right to privacy, right to health, right to education, right to shelter, and many more. These rights reflect the comprehensive nature of Article 21, which encompasses a wide array of personal liberties essential for the holistic development and well-being of individuals.
5. Right to Education (Article 21A): In addition to the protection of life and personal liberty under Article 21, the Constitution also guarantees the right to education as a fundamental right under Article 21A. This provision mandates the state to provide free and compulsory education to all children between the ages of six and fourteen years. The enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, further reinforces this commitment and underscores the importance of inclusive elementary education in fostering equality, social justice, and democracy.
#UPSC #IASprep #civilserviceexam #IASexamination #IASaspirants #UPSCjourney #IASexam #civilservice #IASgoals #UPSC2024 #IAS2024 #civilservant #IAScoaching #aUPSCmotivation #IASmotivation #UPSCpreparation #IASpreparation #UPSCguide #IASguide #UPSCtips #IAStips #UPSCbooks #IASbooks #UPSCexamstrategy #IASexamstrategy #UPSCmentorship #IASmentorship #UPSCcommunity #IAScommunity #UPSCpreparation #IASpreparation #UPSCguide #IASguide #UPSCtips #IAStips #UPSCbooks #IASbooks #UPSCexamstrategy #IASexamstrategy #UPSCmentorship #IASmentorship #UPSCcommunity #IAScommunity
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Send in a voice message: https://podcasters.spotify.com/pod/show/theiascompanion/message
4 min