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Article 21 and 21A – Protection of Life and Personal Liberty, Right to Education

March 27, 2024 1765 0

Introduction

Article 21 of the Constitution of India guarantees the fundamental right to protection of life and personal liberty. It is one of the most significant and broadly interpreted provisions, serving as a shield against arbitrary actions by the state or individuals. This article asserts that no person shall be deprived of their life or personal liberty except according to the procedure established by law, ensuring the sanctity of individual existence and freedom from unlawful detention. This right is available to both citizens and non-citizens.

  • Procedure established by law (borrowed from the Japanese Constitution): The validity of a law that has prescribed a procedure cannot be questioned on the ground that the law is unreasonable, unfair or unjust.
  • Due Process of Law (American concept): A doctrine that not only checks if there is a law to deprive the life and personal liberty of a person but also ensures that the law is made fair and just. [UPSC 2023]

 

Landmark Cases on Article 21

  • Gopalan Case (1950):
    • Protection under Article 21 is available against arbitrary executive action and not from arbitrary legislative action. 
    • Here the SC took a narrow interpretation of Article 21.
    • Personal liberty: Only liberty relating to the person or body of an individual.
  • Maneka Gandhi Case (1978):
    • Introduced ‘due process of law’: Protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action.
    • The right to life and personal liberty of a person cannot be deprived by law provided the procedure prescribed by that law is reasonable, fair and just.
    • Right to life: Right to live with human dignity.
    • Personal liberty: Widest amplitude, and it covers a variety of rights that constitute the personal liberties of a man.
    • It is a wider interpretation of Article 21.
  • KS Puttaswamy Case (2017):
    • It held that privacy is a natural right that inheres in all-natural persons, and that right may be restricted only by state action if it passes each of three tests:
      • Such state action must have a legislative mandate;
      • It must be pursuing a legitimate state purpose; 
      • It must be proportionate.
  • Hadiya Case (2017): 
    • The Supreme Court held that “The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”. [UPSC 2019]

Rights as part of Article 21:

(1) Right to live with human dignity.

(2) Right to a decent environment, including pollution-free water and air and protection against hazardous industries.

(3) Right to livelihood.

(4) Right to privacy. [UPSC 2021, 2018]

(5) Right to shelter.

(6) Right to health.

(7) Right to free education up to 14 years of age.

(8) Right to free legal aid.

(9) Right against solitary confinement.

(10) Right to speedy trial.

(11) Right against handcuffing.`

(12) Right against inhuman treatment.

(13) Right against delayed execution.

(14) Right to travel abroad.

(15) Right against bonded labour.

(16) Right against custodial harassment.

(17) Right to emergency medical aid.

(18) Right to timely medical treatment in government hospitals.

(19) Right not to be driven out of a state.

(20) Right to a fair trial.

(21) Right of prisoner to have necessities of life.

(22) Right of women to be treated with decency and dignity.

(23) Right against public hanging.

(24) Right to road in hilly areas.

(25) Right to information.

(26) Right to reputation.

(27) Right of appeal from a judgement of conviction

(28) Right to family pension

(29) Right to social and economic justice and empowerment

(30) Right against bar fetters

(31) Right to appropriate life insurance policy

(32) Right to sleep

(33) Right to freedom from noise pollution

(34) Right to sustainable development

(35) Right to opportunity.

(36) Right to decent burial/cremation.

(37) Right to marry a person of one’s choice.

(38) Right to die with dignity. (passive euthanasia).

 

Article 21-A: Right to Education

  • 86th Constitutional Amendment Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
    • This provision makes only elementary education a fundamental right, not higher or professional education.
  • In pursuance of Article 21A, the Parliament enacted the Right of Children to free and Compulsory Education (RTE) Act, 2009
  • RTE Act, 2009:  It represents the consequential legislation envisaged under Article 21-A, which means that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school that satisfies certain essential norms and standards.
  • Unni Krishnan Case (1993): The Supreme Court recognized a fundamental right to primary education in the right to life under Article 21.

86th Constitutional Amendment Act

  • Education for All: The government hailed this amendment as the dawn of the second revolution in the chapter of citizens’ rights, marking a major milestone in the country’s pursuit of achieving ‘Education for All’.
  • Other changes made by the 86th CAA, 2002
    • Changes in DPSP: Originally, Article 45 in Part IV of The Directive principles of state policy had a provision for free education
      • Change After 86th CAA: The state shall endeavour to provide early childhood care and education to children until they complete the age of 6 years.
    • Change in Fundamental Duty: Article 51A, It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of 6 and 14 years.
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Conclusion

  • Article 21, ensuring the protection of life and personal liberty, and Article 21A, guaranteeing the right to education, are both critical pillars of the Indian Constitution. Together, they affirm the fundamental principles of human dignity, autonomy, and equality. 
  • Article 21 safeguards individual freedoms, while Article 21A underscores the importance of education as a transformative tool for empowerment and societal progress. 
  • These articles collectively represent the commitment of the Indian state towards fostering a just and inclusive society, where every citizen can lead a life of dignity and opportunity.
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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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