Cases of Article 21 Indian Constitution
- What do we include in ‘life and personal liberty’.
- What is ‘procedure establish by law’.
Due process of law
- American constitution follows this principle.
- Checks whether any law in question is fair and not arbitrary.
- Principle provided very wider power to the Judiciary to while protecting the interest of its citizens.
Procedure Established by Law
‘Procedure established by law’ means that a law that is duly enacted by the legislature or the body in question is valid if the procedure to establish it has been correctly followed.
1. AK Gopalan V State of Madras : Procedure established by law
A rigid and inflexible following of the procedure established by law may raise the risk of compromise to life and personal liberty of individuals due to unjust law made by the law-making authorities.
2. Maneka Gandhi V UOI Right to have fair procedure-
The 7 Judges bench was held that Article 19 and Article 21 must be read together and the procedure established by the law restricting there rights should stand the scrutiny of the other provisions of the Constitution as well- including Article 14. This case also held that Article 14, 19 and 21 is the ‘golden triangle’ of the Indian Constitution.
Facets of ‘Life and Liberty’
3. Hussainara v Home Sec , Bihar Right to legal Aid-
Supreme Court held that “under-trial prisoners, in jail for period longer than what they would have been sentenced if convicted, was illegal as being in violation of Article of 21.”
5. Right to go abroad- Satwant Singh Sawhney v. Assistant Passport Officer, New Delhi,
6. Right to privacy- Kharak Singh v. State of U.P
“the meanings of the expressions “life” and “personal liberty” in Article 21 were considered by this court in Kharak Singh’s case. Although the majority found that the Constitution contained no explicit guarantee of a “right to privacy”, it read the right to personal liberty expansively to include a right to dignity. It held that “an unauthorized intrusion into a person’s home and the disturbance caused to him thereby, is as it were the violation of a common law right of a man -an ultimate essential of ordered liberty, if not of the very concept of civilization”
7. Right against solitary confinement Sunil Batra v. Delhi Administration
SC held that the “right to life” included the right to lead a healthy life so as to enjoy all faculties of the human body in their prime conditions. It would even include the right to protection of a person’s tradition, culture, heritage and all that gives meaning to a man’s life. It includes the right to live in peace, to sleep in peace and the right to repose and health.
8. Right against hand cuffing Prem Shankar v. Delhi Administration
9. Right to Medical Care- Parmananda Katara v. Union of India
10. Right to Health- Consumer Education and Research Centre v. Union of India
11. Right to Social Security and Protection of Family- L.I.C. of India v. Consumer Education and Research Centre
12. Right to Shelter- Chameli Singh v. State of U.P
13. D.T.C. v. D.T.C. Mazdoor Congress
Right To Livelihood-
14. D.F. Marion v. Minnie Davis
Right to Reputation-
15. Vishakha v. State of Rajasthan
Right Against Sexual Harassment at Workplace-
16. Right To Live with Human Dignity- Maneka Gandhi v. Union of India,Francis Coralie v. Union Territory of Delhi
17. Right against Bar Fetters-Sunil Batra v. Delhi Administration-
18. Right to Write a Book-State of Maharashtra v. Prabhakar Pandurang
19. Right against Delayed Execution: Sher Singh v. State of Punjab
20. Right against Public Hanging : Attorney General of India v. Lachma Devi
21. Death by Hanging not Violative of Article 21- Deena v. Union of India
22. Right to Bail.- Babu Singh v. State of Uttar Pradesh
23. Right to Fair Trial- Zahira Habibullah Sheikh v. State of Gujarat
24. Right to Speedy Trial- Hussainara Khatoon v. Home Secretary, State of Bihar.
25. M.H. Hoskot v. State of Maharashtra
Right to Free Legal Aid & Right to Appeal-
26. Right against Illegal Detention- Joginder Kumar v. State of Uttar Pradesh
27. Disclosure of Dreadful Diseases- Mr. X v. Hospital Z
28. Tapping of Telephone- PUCL v. Union of India
29. Right Against Noise Pollution- In Re: Noise Pollution
30. Murli S. Deora v. Union of India- smoking in public place
31. Right to get Pollution Free Water and Air- Subhas Kumar v. State of Bihar.
33. Euthanasia and Right to Life-Gian Kaur v. State of Punjab
34. Right to Work- Olga tells v BMC
35. Right to Marriage- Mr. X V Hospital Z
36. Right to Food- PUCL v UOI
37. Right to Legal Aid- Sheela Barse v UOI
38. Right to Education- Mohini jain v state of karnatka
39. Right to have clean Environment- MC Mehta v UOI
40. Right to have shelter-chameli v state
41. Right to receive compensation – Rudal Shah v state of Bihar