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Liberty Except According To Procedure Established by Law." The Indian Judiciary Has Time

Article 21 of the Indian Constitution states that no person shall be deprived of life or personal liberty except according to procedure established by law. The Supreme Court of India has creatively interpreted Article 21 over time to expand protections and bring relief to oppressed groups. This paper examines the judicial interpretation of Article 21 and the Supreme Court's activism in protecting fundamental rights when the legislative and executive branches have failed to do so. It aims to analyze trends in how the right to life has been enforced and whether such interpretations have always been effective.

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Sonal Agarwal
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46 views1 page

Liberty Except According To Procedure Established by Law." The Indian Judiciary Has Time

Article 21 of the Indian Constitution states that no person shall be deprived of life or personal liberty except according to procedure established by law. The Supreme Court of India has creatively interpreted Article 21 over time to expand protections and bring relief to oppressed groups. This paper examines the judicial interpretation of Article 21 and the Supreme Court's activism in protecting fundamental rights when the legislative and executive branches have failed to do so. It aims to analyze trends in how the right to life has been enforced and whether such interpretations have always been effective.

Uploaded by

Sonal Agarwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ABSTRACT

Interpretation of Article 21 of the Indian Constitution

Article 21 of the Constitution says, “No person shall be deprived of his life or personal
liberty except according to procedure established by law.” The Indian judiciary has time
and time again interpreted article 21 of the Indian constitution in new and innovative ways in
order to bring relief to the oppressed. According to the Constitution, Parliament and the state
legislatures in India have the power to make laws within their respective jurisdictions. This
power is not absolute in nature. The Constitution vests in the judiciary, the power to
adjudicate upon the constitutional validity of all laws. If a law made by Parliament or the state
legislatures violates any provision of the Constitution, the Supreme Court has the power to
declare such a law invalid or ultra vires. The founding fathers wanted the Constitution to be
an adaptable document rather than a rigid framework for governance. This paper examines
the judicial interpretation of Article 21 of the Indian Constitution and judicial activism on the
part of the Supreme Court of India. This research aims to review the judicial interpretation of
right to life and analyze the current trend. The scope of this article is to research into the
judicial enforcement of article 21 and to determine whether such interpretation has always
been effective provide solutions. It examines the reasons for judicial creativity and justifies
the role played by the Supreme Court of the India in protection the fundamental rights of the
citizens, when the legislative and executive failed in performing their duties. To some extent,
judicial activism on the part of judiciary derives from underlying weakness and failure on the
part of the other machineries of the state to perform their duties. Right to life and personal
liberty is the most cherished and pivotal fundamental human rights around which other rights
of the individual revolve and, therefore, the study assumes great significance. The study of
right to life is indeed a study of the Supreme Court as a guardian of fundamental human
rights.

Keywords: Interpretation, Due Process, Liberty, Judicial Activism, Right to Life.

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