Answer -
- Article 21 of the Indian Constitution declares that no person shall be deprived of their "Life and Personal Liberty" except according to the procedure established by law. Through judicial activism and dynamic interpretation, the Supreme Court has transformed this into one of the most vibrant and continuously evolving provisions of the Constitution.
- Initially, in case of A.K. Gopalan v. State of Madras (1950), Court adopted a narrow interpretation of the phrase 'procedure established by law,' thereby offering protection against the Executive but not against arbitrary laws enacted by the Legislature.
Judicial Expansion and Landmark Judgments
- The real turning point for Article 21 came with the Maneka Gandhi v. Union of India (1978) case. Reversing the approach taken in the Gopalan case, the Court embraced the US concept of 'Due Process of Law.' The Court held that the Right to Life is not merely a "brutish existence," but encom-passes the right to live with human dignity. It was mandated that the procedure must be 'Fair, Just, and Reasonable.'
Subsequently, the Supreme Court expanded its ambit to include various rights:
1. Right to Privacy: In the landmark judgment of K.S. Puttaswamy v. Union of India (2017), a nine-judge bench recognized the Right to Privacy as a fundamental right under Article 21. This opened up new dimensions for individual liberty and data protection in the digital age.
2. Right to Die with Dignity: In Common Cause v. Union of India (2018) case, Court recognized 'Passive Euthanasia' and 'Living Wills,' holding that the right to die with dignity is an integral part of the Right to Life.
3. Right to Livelihood and Shelter: In the Olga Tellis v. Bombay Municipal Corporation (1985) case, the Right to Livelihood was recognized as an integral part of the Right to Life under Article 21, on the grounds that without it, one cannot live with dignity.
4. Environment and Health: In cases such as M.C. Mehta v. Union of India, the right to live in a clean environment including pollution-free water and air was incorporated within its ambit.
- The evolutionary trajectory of Article 21 demonstrates that it is not merely a dead letter, but rather a 'Living Document.' Transcending limitations of the original text, Supreme Court has reinforced the rights of citizens in consonance with the changing socio-economic landscape. It has emerged as the ultimate bulwark of protection for Indian citizens against executive arbitrariness and draconian laws enacted by the legislature, thereby playing a pivotal role in the establishment of a welfare state.