Important for UPSC Prelims – Polity & Governance
About Article 21
- Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- It protects every person, including citizens and foreigners, and has been interpreted broadly by the Supreme Court to ensure a life of dignity, liberty and constitutional protection.
Key Features of Article 21
1. Protection of Life and Personal Liberty
- Article 21 protects individuals against arbitrary deprivation of life and personal liberty by the State.
- Any restriction must follow a valid, fair and non-arbitrary legal procedure.
2. Applies to Every Person
- Unlike several Fundamental Rights specifically available to citizens, Article 21 is available to citizens as well as non-citizens.
- It therefore provides a broad constitutional safeguard for human dignity and personal freedom.
3. Right to Live with Dignity
- The Supreme Court has expanded Article 21 beyond mere physical existence to include the right to live with dignity.
- It has been linked with rights such as privacy, livelihood, health, clean environment and legal aid.
4. Fair and Just Procedure
- The phrase “procedure established by law” has been interpreted to require procedures that are fair, just and reasonable.
- State action that is arbitrary or excessively restrictive can therefore be subjected to constitutional scrutiny.
5. Protection Against Excessive State Action
- Article 21 places constitutional limits on the use of State power, including arbitrary arrest, custodial violence and disproportionate use of force.
- In policing, any use of lethal force must satisfy principles of legality, necessity and proportionality.
Why is Article 21 Important?
- Fundamental Rights: Provides the core constitutional protection for life, liberty and human dignity.
- Rule of Law: Prevents arbitrary exercise of State power and requires lawful procedures.
- Democratic Governance: Ensures that public order and security measures do not unnecessarily undermine individual liberty.
- Police Accountability: Requires State authorities to exercise force with necessity, proportionality and accountability.
- Judicial Review: Enables courts to examine State actions that threaten life, liberty or dignity.
- Human Rights: Forms the constitutional foundation for protecting dignity, privacy, personal freedom and humane treatment.
Conclusion
Article 21 is the constitutional shield for life, liberty and dignity. Its broad interpretation ensures that State power remains subject to legality, fairness, proportionality and accountability, making it central to both individual rights and democratic governance.
| This Concept has been discussed in the following article: What can be done to regulate Police Use of Sophisticated Weapons During Protests? |