JURISDICTION OF ARTICLE-21 UNDER INDIAN CONSTITUTION BY ANSHIKA JAIN

INTRODUCTION

The provision outlaws the loss of rights based on legal procedures. The Indian Constitution is centered on Article 21. It is our Indian Constitution’s most natural and progressive provision. The Indian Constitution’s charter of rights safeguards fundamental rights.

Article 21 discusses issues such as equality before the law, freedom of speech and expression, religious and cultural liberty, and so on. Article 21 applies to all Indian citizens. It also applies to international nationals.

Article 21 of the Indian Constitution 

Article 21 has two types of rights:

  1. Right to life
  2. Right to personal liberty

RIGHT TO LIFE

Every citizen is entitled to life, liberty, and personal security. In India’s constitution, the right to life is a basic right. Human rights apply only to living things. The right to life is one of the most important rights that citizens have. If Article 21 had been interpreted in its original sense, there would have been no Fundamental Rights worth noting.

The right to shelter, growth and food is recognized in Article 21 of the Indian Constitution. Because it is the bare minimum, minimum and fundamental needs for a person’s right to life and other rights that are important and unavoidable.

IMPORTANT CASES

KHARAK SINGH V. STATE OF U.P.

The Petitioner, Kharak Singh, was discharged from a dacoity inquiry due to a lack of evidence, but the Uttar Pradesh Police Department opened a ‘history sheet’ against him under Chapter 20 of the Uttar Pradesh Police Regulations. Individuals who were habitual criminals or were suspected of becoming habitual criminals were subjected to surveillance under these regulations.

The Petitioner claimed that all of Regulation 236’s sections infringed on his constitutional rights to “travel freely within the territory of India” (Article 19(1)(d)) and “personal liberty” (Article 21). He claimed that shadowing a person impeded his “free mobility” and could lead to psychological inhibitions.

The court concluded in a landmark decision that “privacy is not a fundamental constitutional right.” It did, however, recognize the common law right to privacy and maintained that Article 21 (right to life) was the repository of residuary personal rights. The provision enabling domiciliary visits, on the other hand, was declared invalid. It was pointed out that fundamental privacy rights were mutually exclusive.

RIGHT TO PERSONAL LIBERTY

“No one shall be deprived of their personal liberty except in accordance with the law.”

As our Indian Constitution states, the safeguarding of our liberty is solely the responsibility of our legislation. As we can see, the Supreme Court is the defender of India’s Constitution. As a result, the Supreme Court’s sole job, according to this court, is to preserve and ensure basic rights.

 

MANEKA GANDHI V. UNION OF INDIA

 

Maneka Gandhi obtained a passport for the foreign trip from the passport office in this case. However, the petitioner was told about the passport by the Regional Passport Officer in Delhi, who stated that the decision to accept the passport was made by the Government of India. As a result, the petitioner was required to return her passport within seven days.

As a result, the petitioner was required to return her passport within seven days. After some time, the government rejected the passport, claiming that it was not in the public’s best interests. After then, the petitioner filed a writ petition challenging the government’s refusal to impound the passport.

The Supreme Court reinterpreted Article 21 in the case of Maneka Gandhi, ruling that the right to life included not only bodily survival but also the right to live in dignity.

VARIOUS OTHER JURISDICTIONS

  1. RIGHT TO CLEAN ENVIRONMENT

Article 21 of the Indian Constitution provides that no one’s life or personal liberty can be taken away from them unless they follow legal procedures. Because we live in this environment, the state and its inhabitants must take responsibility for the right to clean it. It provides us with shelter, food, water, light, and other necessities so that we can keep our environment safe, clean, and pollution-free.

  1. RIGHT FOR PRISONERS

Prisoners right is also a fundamental right. They have the right to life as normal beings, no matter if they are in prison. They have full rights in the prison as well. These articles that all persons, as well as prisoners, have the right to life, right to equality, and the right to personal liberty. In the prisons as well.

  1. RIGHT TO LIVE WITH HUMAN DIGNITY

The right to freedom, justice, and peace in the world are all examples of human rights. When it comes to others, all members of the family are treated with equal respect and dignity. In the family, no one should be insulted. Because they are also citizens of India, even a newborn has the right to dignity. A global proclamation of human rights. Every individual, regardless of whether he or she is a member of any group, has an equal right.

CONCLUSION

Finally, I believe that every Indian citizen’s right to life is a fundamental right. And no one has the authority to infringe on a person’s fundamental rights. If a public official or government official violates someone’s fundamental right, that person can file a petition with the Supreme Court. Article 21 of the Indian Constitution dates from the time of the Magna Carta to the present.

The Indian judiciary, which is specified in the Indian Constitution, is in charge of enforcing the law. Every citizen of India is treated equally under the Indian Constitution. Everyone is entitled to every right guaranteed by India’s constitution. Discrimination on the basis of caste, creed, or religion is prohibited. The government of India has a fundamental responsibility to protect citizens’ rights.

 

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