Introduction

Article 21 of the Constitution of India guarantees the fundamental right to protection of life and personal liberty. It is one of the most significant and broadly interpreted provisions, serving as a shield against arbitrary actions by the state or individuals. This article asserts that no person shall be deprived of their life or personal liberty except according to the procedure established by law, ensuring the sanctity of individual existence and freedom from unlawful detention. This right is available to both citizens and non-citizens.

Landmark Cases on Article 21

• Gopalan Case (1950):
  • Protection under Article 21 is available against arbitrary executive action and not from arbitrary legislative action.
  • Here the SC took a narrow interpretation of Article 21.
  • Personal liberty: Only liberty relating to the person or body of an individual.
• Maneka Gandhi Case (1978):
  • Introduced ‘due process of law’: Protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action.
  • The right to life and personal liberty of a person cannot be deprived by law provided the procedure prescribed by that law is reasonable, fair and just.
  • Right to life: Right to live with human dignity.
  • Personal liberty: Widest amplitude, and it covers a variety of rights that constitute the personal liberties of a man.
  • It is a wider interpretation of Article 21.
• KS Puttaswamy Case (2017):
  • It held that privacy is a natural right that inheres in all-natural persons, and that right may be restricted only by state action if it passes each of three tests:
    • Such state action must have a legislative mandate;
    • It must be pursuing a legitimate state purpose;
    • It must be proportionate.
• Hadiya Case (2017):
  • The Supreme Court held that “The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”. [UPSC 2019]

Article 21-A: Right to Education

• 86th Constitutional Amendment Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
  • This provision makes only elementary education a fundamental right, not higher or professional education.
• In pursuance of Article 21A, the Parliament enacted the Right of Children to free and Compulsory Education (RTE) Act, 2009
• RTE Act, 2009: It represents the consequential legislation envisaged under Article 21-A, which means that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school that satisfies certain essential norms and standards.
• Unni Krishnan Case (1993): The Supreme Court recognized a fundamental right to primary education in the right to life under Article 21.

86th Constitutional Amendment Act

• Education for All: The government hailed this amendment as the dawn of the second revolution in the chapter of citizens’ rights, marking a major milestone in the country’s pursuit of achieving ‘Education for All’.
• Other changes made by the 86th CAA, 2002
  • Changes in DPSP: Originally, Article 45 in Part IV of The Directive principles of state policy had a provision for free education
    • Change After 86th CAA: The state shall endeavour to provide early childhood care and education to children until they complete the age of 6 years.
  • Change in Fundamental Duty: Article 51A, It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of 6 and 14 years.