Article 21 of the constitution of india after maneka gandhis case essay

The infringement of article 21 – the right to life and personal liberty can only be claimed against a “state” as defined by article 12 of the constitution of india violation of right by private individuals is not within the purview of article 21. Before the judgement in the maneka case the court was of the opinion that the right to lively hood can only be protected, to a limited extent, under article 19 and possibly 16 of the constitution but nothing in the language of article 21 give a person the right to lively hood. Abstract right to life and personal liberty is the primordial right which every human being everywhere at all times ought to have in india, right to life and personal liberty is given in article 21 of the constitution. In article 21, in contrast to with the american constitution, the word ‘liberty’ is qualified by the word ‘personal’, leading to an inference that the scope of liberty under our constitution is narrower than in the us constitution.

In maneka gandhi case the supreme court held that there is a triangular relationship between article 14(equality before law), article 19(1)(a){right to freedom of speech and expression} and article 21 and thus a law is reasonable and fair if its not violative of these three articles and other relevant liberties guaranteed by article 19. But now after maneka gandhi case article 21 now protects the right to life and personal liberty of citizens not only from the executive action but also from the legislative action. Such violation would not fall under the parameters set for the article 21 in such a case the remedy for aggrieved person would be either under article 226 of the constitution or under general law was the point in issue after gopalans case in the case of maneka gandhi v union of india, the apex court opened up a new dimension and laid.

24 provision of the indian constitution and occupies a unique place as a fundamental right and enforceable against state since maneka gandhi’s case6the supreme court interpreted article 21of constitution has ushered a new era of expansion of the horizons of right to life. The maneka gandhi vs union of india verdict the seven-judge bench asserted the right to personal liberty as enshrined in article 21 of the constitution, making it an important precedent for. Post-1980, the supreme court has virtually been on an overdrive to maintain the sanctity of right to life guaranteed to all citizens and foreigners under article 21 of the constitution if in 1978. The sweep of article 21 the ratio of mp sharma’s case declared in maneka gandhi (supra) that “no article in part iii is an union of india, 5 scc 639 declaring that article 21 clubs.

Though our constitution has no due process clause but after the verdict of maneka gandhi v union of india 12 (hereafter maneka gandhi’s case) the consequence is the same and as much as such article 21 may be treated as counterpart of the due process clause in american. Court observed that even under our constitution, though speedy trial is not specifically enumerated as a fundamental right, it is implicit in the broad sweep and content of article 21 as interpreted by this court in maneka gandhi v. 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.

Even independently of the ‘due process’ clause the same conclusion-can be reached on the basis of the decision in maneka gandhi’s case and other decisions of the supreme court on articles 14 and 21. Article 21 of constitution of india deals with protection of life and personal liberty ’ expeditious trial is an integral and essential part of the fundamental right to life and liberty enshrined in article 21 of the constitution of india maneka gandhi vs union of india (1978) 1 scc 248 air 1978 sc 597: a person can be deprived of. Different dimensions of article 21 of indian measures for victim in such a case under article 226 of the constitution or the common law will either article 21 of the constitution, individual liberty or deprivation of a person's life is on the prevention of encroachment.

Article 21 of the constitution of india after maneka gandhis case essay

article 21 of the constitution of india after maneka gandhis case essay The judiciary gave a new dimension to article 21 in many decisions like the famous gopalan case, maneka gandhi case, bhopal gas tragedy, olga tellis case etc another important judgement in this regard was the gian kaur's case which held that right to life under article 21 of the constitution does not include right to die or right to be killed.

In maneka gandhi vs union of india case (1978) sc held that – ‘procedure established by law’ within the meaning of article 21 must be ‘right and just and fair’ and ‘not arbitrary, fanciful or oppressive’ otherwise, it would be no procedure at all and the requirement of article 21 would not be satisfied. The constitution of india does not define expressly what right to privacy is here are the cases that added nuance to the understanding of the right to privacy by law. Article 21 of the constitution of india- protection of life and personal liberty: no person shall be deprived of his life or personal liberty except according to procedure established by law article 21 starts with a negative word but the word “ no ” has been used in relation to the word deprived. Hnliact of maneka decision : growing dimensions of indian constitution'al law d rajeev- article 21 of the constitution of india reads: cooper's case by the majority maneka gandhi v union of india, (1978) 1 scc 248 at 336.

  • Hello friends, welcome to finology legal todays video is about article 21 of the indian constitution if there is one article in the entire indian constitution which has been interpreted.
  • ← the most significant and creative aspect of maneka case, is the re-interpretation by the court of the expression ‘procedure established by law’ used in article 21.

Expanding the meaning of ‘right to life’ under the constitution of india , due process of law is added to article 21 of the constitution presented by civilsprep. (b) does not come in the way of the writ petitioner inasmuch as he is seeking to enforce the fundamental right guaranteed under article 21 of the constitution of india and that having regard to the extraordinary situation prevailing in the extremist-dominated districts, it is eminently a fit case where this court should step in and issue. Freedom of expression in india this article has multiple issues the constitution of india provides the right of freedom, given in articles 67, 45, 87 and 92 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution in a landmark judgment of the case maneka gandhi v union of india,. The new interpretation of article 21 in maneka gandhi’s case has ushered a new era of expansion of the horizons of right to life and personal liberty the wide dimension given to this right now covers various aspects which the founding fathers of the constitution might or might not have visualized.

article 21 of the constitution of india after maneka gandhis case essay The judiciary gave a new dimension to article 21 in many decisions like the famous gopalan case, maneka gandhi case, bhopal gas tragedy, olga tellis case etc another important judgement in this regard was the gian kaur's case which held that right to life under article 21 of the constitution does not include right to die or right to be killed. article 21 of the constitution of india after maneka gandhis case essay The judiciary gave a new dimension to article 21 in many decisions like the famous gopalan case, maneka gandhi case, bhopal gas tragedy, olga tellis case etc another important judgement in this regard was the gian kaur's case which held that right to life under article 21 of the constitution does not include right to die or right to be killed.
Article 21 of the constitution of india after maneka gandhis case essay
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