Polity & Governance Practice Question›› Indian Polity ››
Fundamental Rights
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Interpretation of Article-21
M
Question 1
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Consider the following:
1. Right to livelihood
2. Right to privacy
3. Right to safe and secure working environment
4. Right against the adverse impacts of climate change
5. Right to die with dignity
Which of the above given rights are interpreted under Article-21 of the Indian Constitution?
(a) 1, 2 and 3 only
(b) 1, 2, 3 and 5 only
(c) 1, 2, 4 and 5 only
(d) 1, 2, 3, 4 and 5
Explanation Context : The Supreme Court of India's landmark judgment in M.K. Ranjitsinh v. Union of India (April 2024) explicitly recognized the right to be free from the adverse effects of climate change as a fundamental right under Articles 21 (right to life) and 14 (right to equality) of the Constitution. This decision marks a transformative step in India’s climate jurisprudence, linking environmental protection directly to constitutional rights.
Item 1 is correct : In Olga Tellis v. Bombay Municipal Corporation (1985), the court recognized the right to livelihood as an integral part of the right to life under Article 21. It held that the eviction of pavement dwellers without providing alternative arrangements would violate their right to life and personal liberty.
Item 2 is correct : In landmark judgment, K.S. Puttaswamy v. Union of India (2017) (privacy judgment) the Supreme Court recognized the right to privacy as a fundamental right protected under Article 21. The court held that privacy is an essential aspect of personal liberty and dignity and is intrinsic to the entire constitutional scheme.
Item 3 is correct : In the landmark judgment, Vishaka v. State of Rajasthan (1997), the supreme court addressed the issue of sexual harassment at the workplace. The court held that the right to a safe and secure working environment is a fundamental right flowing from Article 21. It laid down guidelines to prevent and redress sexual harassment at workplaces until appropriate legislation was enacted.
Item 4 is correct : The Supreme Court of India, in a landmark judgment on April 5, 2024, explicitly recognized the right against the adverse impacts of climate change as being intertwined with the constitutional rights to life (Article 21) and equality (Article 14). The Court stated that as the effects of climate change intensify, it is necessary to articulate this as a distinct right, ensuring protection from climate-related harms.
Item 5 is correct : In Common Cause v. Union of India (2018), the court legalized passive euthanasia and recognized the right to die with dignity as a fundamental right under Article 21. The court held that individuals have the right to refuse medical treatment or life support and can make an advance directive specifying their wishes in case of terminal illness.
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