Article 21 & Expanded scope of Right to Life

Article 21 and its Evolution

Article 21: No person shall be deprived of his life or personal liberty except according to procedure established by law. According to this fundamental right, no person whether Indian or foreigner should be deprived of his life or personal liberty. In this article two things are important-

1: Procedure established by law

2: Life and Personal Liberty: Scope

Procedure established by law:

       The word "procedure established by law" is used specifically in the Indian Constitution, but Due Process of Law has a much broader meaning and is not expressly stated in the Indian Constitution. The due process doctrine is practiced in the United States of America, but it was deliberately left out by Indian constitutional framers. However, in the majority of recent Supreme Court decisions, the issue of due process has resurfaced.

Difference between Due Process and Procedure Established

         It means that a statute that has been duly passed by the legislature or the relevant body is valid if the process has been followed correctly. Following this theory, a person's life or personal liberty may be taken away from them according to legal procedures. So, once Parliament passes a law, a person's life or personal liberty may be taken away in accordance with the law's provisions and procedures. It makes no attempt to determine if the laws passed by Parliament are reasonable, just, or arbitrary.

         “Procedure created by statute” means that a law that has been duly enacted is legal, even though it violates justice and equality standards. The strict adherence to the legal procedure may increase the risk of individuals' lives and personal liberty being jeopardized as a result of unjust laws enacted by the law-making authorities. SC emphasized the necessity of the due process of law in order to prevent this situation.

          The due process of law doctrine examines not just whether a law exists to deprive a person of his or her life and personal liberty, but also whether the law is reasonable, just, and not arbitrary. If the Supreme Court deems a statute to be unjust, it will declare it null and void.

            Due process is the legal principle that the state upholds all of a person's legal rights, and that legislation enacted by states must adhere to the laws of the country, such as justice, civil rights, and liberty.

           In England, the due process originated from clause 39 of the Magna Carta. Due process was not followed in England when English and American law diverged, but it was integrated into the United States Constitution.

Improved Article 21: Maneka Gandhi vs Union of India case (1978)

          After 1978, the Indian judiciary adopted a liberal view, attempting to make the word "procedure defined by statute" synonymous with "due process" when it comes to defending human rights.

         The Supreme Court of India held in Maneka Gandhi vs Union of India (1978) that a ‘procedure defined by statute' within the scope of Article 21 must be ‘right, just, and equitable,' and ‘not arbitrary, fanciful, otherwise oppressive,' or it will be no procedure at all, and the requirement of Article 21 will not be met. As a result, in India, the phrase "procedure defined by statute" has gained the same weight as the phrase "due process of law" in the United States. The Supreme Court had previously ruled in the Gopalan case (1950).

Life and Personal Liberty: Scope

The scope of the term "personal liberty" changed after the Supreme Court adopted a broader connotation following the Maneka Gandhi case. It does not imply a purely animal nature or a life of drudgery. It has a much broader scope that includes the right to live in dignity, the right to a livelihood, the right to health, and the right to clean air, among other things.

         The Supreme Court stated in Kharak Singh v. State of Uttar Pradesh[i] that "the right to life is fundamental to our very existence without which we cannot live as a human being and includes all those aspects of life that go to make a man's life meaningful, complete, and worth living," and that "the right to life is fundamental to our very existence without which we cannot live as a human being." It is the only provision of the Constitution that has been given the broadest interpretation possible. So many rights have found refuge, development, and nourishment under the protection of Article 21. The core principle of the right to life is thus the bare necessities, minimum and basic requirements that are necessary and inevitable for an individual.

          After the 2017 ‘K. Puttaswami' case, article 21 now includes the right to privacy. Article 21 includes the rights to food, shelter, and clean air, among other things.

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