Right to freedom | article 21 | Protection of life & personal liberty | Fundamental rights | UPSC

Описание: #Article_21
#Anuchchhed_21
#Right_to_Freedom
This video explains the Right to freedom under part-3 of Indian constitution. Right to freedom contains article 19,20,21,21A & 22. This video details about article 21.

No person shall be deprived of his life & personal liberty except according to procedure established by law.

Source of many other rights.
Bedrock of the constitution.
Available against both arbitrary executive action & arbitrary legislative action.
Right to life: right to live with human dignity.
Right to life & personal liberty of a person can be deprived by a law provided the procedure prescribed by that law is reasonable.

PROCEDURE ESTABLISHED BY LAW V/S DUE PROCESS OF LAW:
INTERPREATION OF PROCEDURE ESTABLISHED BY LAW
A.K. Gopalan v/s State of Madras (1950):
Narrow interpretation.
Protection under art. 21 is available only against arbitrary executive action.
The state can deprive the right to life & personal liberty of a person based on law.
SC held that personal liberty is infringed only if physical restrain or coercion.

Maneka Gandhi v/s Union of India (1978):
Wider interpretation
Protection under art. 21 is available against arbitrary executive action as well as arbitrary legislative action.
SC held that if there is an infringement of personal liberty, it should be fair, just & reasonable.


LIFE:
Not merely breathing, living with choice & dignity.
P. Rathinam v/s Union of India:
Petitioner tried to commit suicide. Charged under sec. 309 of IPC.
He challenged section 309, I have right to die.
SC invalidated section 309.

Gian Kaur v/s State of Punjab:
Waiver of fundamental rights not allowed in Indian constitution.
You cannot give away right to life.

ARTICLE 21 & EMERGENCY:
In article 359, President has power to suspend article 21.
President used it in 1962, 1971, 1976.
SC held that article 21 can be suspended. (ADM Jabalpur v/s Shivkant Shukla)
Article 359 amended by 44th amendment. Article 21 cannot be suspended even during emergency without enough grounds.

I hope this video helps you in understanding Concepts of Article 21 and its limitations.


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