Article 21: Right to Life and Personal Liberty 

Article 21 of the Constitution of India is a fundamental right that guarantees the protection of life and personal liberty. This article is a crucial safeguard against arbitrary state action and ensures that everyone is entitled to certain fundamental rights. 

Over the years, the interpretation and application of Article 21 have evolved, emphasising the principles of justice, fairness and the widest possible interpretation of personal liberty. 

The Requirement of Just, Fair and Reasonable Laws

Article 21 not only emphasises the existence of a law to deprive a person of life or personal liberty but also underscores the necessity for the law to be just, fair and reasonable. 

This requirement ensures that any restriction on life or personal liberty must be in accordance with the principles of justice and fairness. 

It acts as a safeguard against arbitrary state action and provides individuals with a means to challenge unjust or disproportionate laws.

Interconnectivity with Articles 14, 19 and 21

Articles 14, 19 and 21 of the Indian Constitution are closely connected and complement each other. Article 14 guarantees the right to equality before the law, while Article 19 protects speech, expression, movement and more freedoms. 

Article 21 reinforces these rights by providing the overarching protection of life and personal liberty. These articles create a framework that upholds individual rights, ensuring a just and equitable society.

Widest Amplitude of Personal Liberty

Article 21 grants the “widest amplitude” to personal liberty, reflecting the intent of the framers of the Constitution to provide expansive protection. 

This broad interpretation allows the judiciary to safeguard various aspects of personal liberty, such as privacy, dignity, bodily integrity and autonomy. 

It empowers the courts to adapt to societal changes and evolving concepts of personal freedoms while protecting individuals’ rights.

Non-Suspension During Emergencies

During a state of emergency, certain fundamental rights can be suspended under Article 359 of the Indian Constitution. 

However, Articles 20 and 21 are exceptions to this provision. Article 20 safeguards individuals from being subjected to retrospective punishment, while Article 21 ensures that the right to life and personal liberty remains inviolable even during emergencies. 

This emphasises the paramount importance of these rights in maintaining a just and equitable society.

Applicability to Foreign Citizens

Article 21 extends its protection not only to Indian citizens but also to foreign citizens within the territory of India. This provision ensures that all individuals, regardless of nationality, are entitled to the fundamental rights guaranteed under Article 21.

 It highlights the inclusive nature of the Indian legal system, emphasising the commitment to protecting the life and personal liberty of every individual present within the country’s jurisdiction.

List of Rights under Article 21

• Right to privacy
• Right to go abroad
• Right to shelter
• Right against solitary confinement
• Right to social justice and economic empowerment
• Right against handcuffing
• Right against custodial death
• Right against delayed execution
• Doctors’ assistance
• Right against public hanging
• Protection of cultural heritage
• Right to pollution-free water and air
• Right of every child to a full development
• Right to health and medical aid
• Right to education
• Protection of under-trials

Note: This is not an exhaustive list.

Summary

Article 21 of the Indian Constitution stands as a cornerstone of the fundamental rights framework, safeguarding every individual’s life and personal liberty. It goes beyond the mere existence of laws and demands that those laws be just, fair and reasonable. 

The interconnectivity with Articles 14, 19 and 21 reinforces the holistic protection of individual rights. The widest amplitude of personal liberty allows for an expansive interpretation that adapts to societal changes. 

Moreover, the non-suspension of Articles 20 and 21 during emergencies highlights their essential nature. 

Finally, Article 21’s applicability to foreign citizens underscores India’s commitment to protecting the rights of all individuals within its jurisdiction. As a vital safeguard, Article 21 ensures that justice, fairness and personal liberty remain at the heart of the Indian legal system.