Article 21 — Right to Life and Personal Liberty
/ˈɑːrtɪkəl ˈtwɛnti wʌn/
Constitutional Provision
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Definition
Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' It is the most litigated provision of the Indian Constitution. Through judicial expansion, it now encompasses: right to livelihood, right to privacy, right to health, right to education (until 14), right to a clean environment, right to free legal aid, right against solitary confinement, right to a speedy trial, right to sleep on pavements, and much more.
Examples
Case Study
In K.S. Puttaswamy v. Union of India (2017) — the Privacy case — a nine-judge bench of the Supreme Court unanimously held that the right to privacy is a fundamental right under Article 21. This overruled the earlier M.P. Sharma (1954) and Kharak Singh (1963) cases. Justice D.Y. Chandrachud's concurrence contextualised privacy as essential to human dignity, autonomy, and identity — with implications for data protection, bodily integrity, and sexual orientation.
Key Cases
K.S. Puttaswamy v. Union of India (Privacy Case)
2017(2017) 10 SCC 1
Nine-judge bench unanimously recognised right to privacy as fundamental under Article 21. Overruled M.P. Sharma (1954) and Kharak Singh (1963). Basis for India's Personal Data Protection framework.
View on Indian Kanoon →Navtej Singh Johar v. Union of India
2018(2018) 10 SCC 1
Decriminalised consensual same-sex relationships, reading down Section 377 IPC. Grounded in Article 21 (autonomy, dignity), Article 14 (equality), and Article 19 (expression). Historic LGBTQ+ rights judgment.
View on Indian Kanoon →Olga Tellis v. Bombay Municipal Corporation
1985AIR 1986 SC 180
Extended Article 21 to include the right to livelihood. Pavement dwellers cannot be evicted without alternative shelter being provided — eviction destroys livelihood and thereby life itself.
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