ARTICLE 21 – ITS SCOPE AND EXPANSIVENESS

AUTHOR – SHRIYA JAISWAL, STUDENT AT SANWALDAS SADANLAL KHANNA GIRLS’ DEGREE COLLEGE, PRAYAGRAJ

BEST CITATION – SHRIYA JAISWAL, ARTICLE 21 – ITS SCOPE AND EXPANSIVENESS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1008-1022, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian Constitution’s Article 21, which protects the rights to life and personal liberty, is thoroughly examined in this research, “The Expansive Scope of Article 21: Right to Life and Personal Liberty in India.” The research follows the development of these essential rights across time, looking at how they were first formulated in ancient Indian philosophy, how they changed under colonial control, and how they were finally incorporated into the post-independence constitutional framework. 

The study emphasizes how crucial the Indian courts have been in interpreting and extending the reach of Article 21. The Supreme Court of India has expanded the meaning of life and personal liberty via significant rulings to cover a number of aspects, including the right to privacy, the right to a dignified existence, the right to a means of subsistence, and the right to a clean environment. These judicial interpretations have significantly enhanced the protection and realization of fundamental human rights in India.

Critical perspectives on the judicial interpretations of Article 21 are explored, addressing concerns of judicial overreach, inconsistencies in judgments, and challenges in implementation. The project also identifies potential areas for further judicial and legislative development, including the need for stronger data protection laws, environmental regulations, and protections for vulnerable groups.

The project provides recommendations to enhance the protection of rights under Article 21. These include strengthening legal aid services, increasing public awareness, undertaking judicial reforms, enacting clear and comprehensive legislation, and establishing robust monitoring and accountability mechanisms. By examining the expansive scope of Article 21, this project underscores its significance as a cornerstone of fundamental rights in India. It highlights the need for continuous efforts to ensure that the right to life and personal liberty is effectively protected and realized, thereby upholding the principles of justice, equality, and human dignity.