right to life and personal liberty

Article 21 protects every person, citizen or not. In A.K. Gopalan (1950) the Court read “procedure established by law” narrowly, as any procedure enacted by a legislature. Maneka Gandhi overturned that approach: the procedure must be fair, just and reasonable, and Articles 14, 19 and 21 must be read together. This brought in, in substance, the requirement of due process.

“Life” means more than animal existence: courts have read in the rights to livelihood, shelter, health, a clean environment, speedy trial, legal aid, dignity, and privacy. Article 21 cannot be suspended even during an Emergency (44th Amendment, Article 359), reversing the effect of ADM Jabalpur. It is enforceable against the State, and in some areas (such as environmental pollution) it shapes duties of private bodies too.

Example

Since the detention followed no fair procedure, it violated Article 21 as interpreted in Maneka Gandhi.

In Indian law

• Articles 21 and 359, Constitution of India
• Maneka Gandhi v. Union of India, 1978 INSC 16
• ADM Jabalpur v. S.S. Shukla, 1976 INSC 129 (overruled in Puttaswamy, 2017)

See also

procedure established by law · due process of law · right to privacy · fundamental rights

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Separation of powers and its bearing on administrative law (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)