How is scope of right extend in Indian constitution
Answers
Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” 'Life' in Article 21 of the Constitution is not merely the physical act of breathing.
The Constitution of India guarantees the right to life and personal liberty in Part III under the category of Right to Freedom (Articles 19-22). The right to life and personal liberty in accordance with the procedure established by law is guarantee by Article 21 of the Indian Constitution. The right is available to both citizens and non-citizens.
The ambit of Article 21 have expanded over the years through judicial precedents. According to article 21, a person can be deprived of his life and personal liberty according to a procedure established by law. To have a proper understanding of article 21, we are required to travel a journey from A K Gopalan (1950 SC) case to Maneka Gandhi (1978 SC) case, which reflect two opposite dimensions and scope of this article.
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