right to life and personal liberty in india pdf file

Right To Life And Personal Liberty In India Pdf File

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Published: 03.05.2021

In this article, she has discussed the right to life and personal liberty enshrined under Article 21 of the Indian Constitution and its various facets with landmark judgments. The Constitution of India provides six fundamental rights to the citizens of India. The Right to Life and Personal Liberty is one of the fundamental rights which enables a person to live his life freely without any interference.

Right to Life & Personal Liberty | Article 21 Explained

This article attempts to examine the standards adopted for protecting the Right to Life and Personal Liberty. Union of India It also goes through how Article 21 has been on its journey to emerge as the Indian version of the American concept of due process and deals with the emanating judicial trends in the Right to Life and Personal Liberty. Right to life and personal liberty is the most cherished and pivotal fundamental human right around which other rights of the individual revolve and, therefore, the study assumes great significance. The study of the right to life is indeed a study of the Supreme Court as a guardian of fundamental human rights.

Right to life

It is interesting to note that the Constitution of India is the longest written Constitution in the world and consists of 22 parts, 12 schedules and 5 Appendixes. The Constitution of India is novel in its approach and presentation. India being the vast and diverse country, has numerous facets and issues to be taken care of. In a secular, democratic republic such as India it is the people who are most important and it is the duty of the lawmakers to make sure that the law equally protects each and every individual irrespective of any classification such as caste, color or creed. As the primal social document in the country, the Indian Constitution carries two very important parts, i.

Protection of Life and Personal Liberty

The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity including government. The concept of a right to life arises in debates on issues of capital punishment , war , abortion , euthanasia , police brutality , justifiable homicide , and animal rights. Various individuals may disagree on which areas this principle applies, including such issues previously listed.

No person shall be deprived of his life or personal liberty except according to procedure established by law. No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India. Draft Article 15 was debated in the Constituent Assembly on 6th and 13th December, The second part of the Draft Article, relating to equality before the law, was not debated. Later, the Drafting Committee decided to move this part into a standalone Article

This power is not absolute in nature. The Constitution vests in the judiciary, the power to adjudicate upon the constitutional validity of all laws. If a law made by Parliament or the state legislatures violates any provision of the Constitution, the Supreme Court has the power to declare such a law invalid or ultra virus. This check notwithstanding, the founding fathers wanted the Constitution to be an adaptable document rather than a rigid framework for governance.

Right to Life & Personal Liberty | Article 21 Explained

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

Article 21 of the Constitution of India – Right to Life and Personal Liberty

Abstract A very fascinating development in the Indian Constitutional jurisprudence is the extended dimension given to Article 21 by the Supreme Court in post-Maneka era. The Supreme Court has asserted that Art. Article 21 has proved to be multi-dimensional. The extension in the dimensions of Art. These two words in Art. These are organic terms which are to be construed meaningfully. The Supreme Court has asserted that in order to treat a right as a fundamental right, it is not necessary that it should be expressly stated in the constitution as a Fundamental Right.

Constitution Distribution of Revenues No. Short title. Constitution of India, 1. Name and territory of the Union. Admission or establishment of new States.

Right To Privacy Under Article 21 and the Related Conflicts

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1 Comments

  1. Matthew M.

    Article 21 is the celebrity provision of the Indian Constitution and occupies a unique place as a fundamental right. It guarantees right to life and personal liberty to citizens and aliens and is enforceable against state. except according to procedure established by law”. deprived.

    10.05.2021 at 12:12 Reply

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