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Does Article 21 impose an absolute embargo on life and personal liberty?
What is the right to life and personal liberty under Article 21?
What is Article 21 of the Constitution?
Can a person be deprived of life or personal liberty?
Dec 12, 2023 · Article 21 does not place an absolute embargo on the deprivation of life or personal liberty and, for that matter, on the right to livelihood. What Article 21 insists is that such lack ought to be according to procedure established by law which must be fair, just and reasonable.
Article 21 provides two rights: Right to life. Right to personal liberty. The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees. The Supreme Court of India has described this right as the ‘heart of fundamental rights’.
- Article 21 A states that the State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State may by...
- No, it is not an absolute right. The State can impose restrictions on the right to life and liberty but it should be fair, reasonable and just, and...
- Article 21 cannot be suspended during an emergency. The 44th Amendment of the Constitution provided that this article could not be suspended even d...
- Explanation of Article 21
- Life
- Personal Liberty
- Procedure Establish by Law
- Emergency and Article 21
Article 21 is available to both citizens and non-citizens. This is not absolute article restriction apply by establish law. Main three keyword are describe in article 21 1. Life 2. Personal Liberty 3. Procedure Establish By Law Current form of this article evolve case by case basic, so let we understand with the help of various cases.
In many cases, supreme court derives or inferred many rights which declared as a part of Article 21. There are more than 30+ right and further counting. 1. Right to live with human dignity. 2. Right to reputation. 3. Right to livelihood. 4. Right to privacy. 5. Right to shelter. 6. Right to health. 7. Right to free education up to 14 years of age. ...
A.K.Gopalan vs State of Madras court held that only two conditions consider as a violation of personal liberty 1. Physical restrain(Body of Person) 2. In the case of cohesion. This is a narrow interpretation. But, in the Menaka Gandhi case(1978), the supreme court overruled its judgment by taking a wider interpretation of Article 21. In that court ...
The concept originated from the United Kingdom under this doctrine when a person is deprived of his life and liberty then the court will examine- 1. If or not there is a law in existence which authorizes the executive to deprive of his life and liberty? 2. The further court will examine whether the law was passed by a competent legislature or not? ...
Before 44thAmendment: A.D.M Jabalpur vs Shivkant Shukla 1976 SC held that article 21 can be suspended under article 359 in anemergency situation. After 44thAmendment: Due to violation of human rights in 1975-77 emergency, Amendment made in Article 359 and make provision that article 21 and article 22 both can notbe suspended in an emergency.
Article 21 (Right to Life and Liberty) Protection of Life and Personal Liberty. It states that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The right guaranteed in Article 21 is available to ‘citizens’ as well as ‘non-citizens’.
Article 21 provides for the right to life and personal liberty, subject to procedure established by law.
It states that no person shall be deprived of their personal liberty except according to the procedure established by law. Personal liberty includes the freedom to move freely, the freedom to choose one's place of residence, and the freedom to engage in any lawful occupation or profession.
Article 21 of the Constitution of India provides: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Right to life is not an absolute right. State can impose reasonable restrictions by adopting some procedure.
