Understanding the Broadened Scope of Article 21

Understanding Article 21 of the Indian Constitution

Article 21 of the Indian Constitution is a cornerstone of fundamental rights, stating, "No person shall be deprived of his life or personal liberty except according to procedure established by law." This concise yet powerful provision has been a subject of broad judicial interpretation, leading to the inclusion of various implied rights.

Judicial Expansion of Article 21

The Supreme Court has played a pivotal role in expanding the horizons of Article 21. This expansion encompasses a range of rights that are crucial to ensuring the dignity and freedom of individuals.

The Right to Shelter

The right to shelter has been recognized by the Supreme Court as an integral facet of the right to life. This was notably established in the landmark case of Olga Tellis v. Bombay Municipal Corporation (1985), which underscored the importance of livelihood and shelter. More recently, the Haldwani case of 2024 reaffirmed this right, emphasizing the need to balance development with fundamental human rights.

Key Rights Inferred from Article 21

• Right to Privacy: Established in K.S. Puttaswamy v. Union of India (2017), this right protects individuals' private lives from unwarranted scrutiny.
• Right to a Clean Environment: In Subhash Kumar v. State of Bihar (1991), the Court recognized the necessity of a pollution-free environment as part of the right to life.
• Right to Health: As seen in Parmanand Katara v. Union of India (1989), the right to health is essential for preserving life.
• Right to Education: Mohini Jain v. State of Karnataka (1992) established education as a fundamental component of life under Article 21.
• Right to Dignity: Francis Coralie v. Union Territory of Delhi (1981) highlighted the importance of dignity in human life.

The Significance of the Maneka Gandhi Case

The Maneka Gandhi v. Union of India (1978) case was instrumental in broadening the interpretation of Article 21. It established that the right to life and personal liberty must be safeguarded against arbitrary actions by the executive or legislature.

The Haldwani Case: Balancing Development and Rights

The recent Haldwani case underscored the ongoing evolution of Article 21. Addressing the plight of nearly 50,000 residents living on railway land, the Supreme Court emphasized the need for a fair solution that balances infrastructure development with the right to shelter. Justice Surya Kant's bench advocated for a humane approach, urging collaboration between the State and Railway authorities to create an equitable rehabilitation project.

Restrictions on Fundamental Rights

While fundamental rights inferred from Article 21 can be restricted, any such limitation must adhere to the principles of being just, fair, and reasonable. This standard was established in the Maneka Gandhi case, ensuring that rights are not curtailed arbitrarily.