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 is the most expansive fundamental right. It states that no person can be deprived of their life or personal liberty except through established legal procedure. Through judicial interpretation, the Supreme Court has expanded this article to include the 'right to live with human dignity,' encompassing rights to livelihood, health, education, clean environment, privacy, and more. The 'procedure established by law' must be fair, just, and reasonable.
Landmark Supreme Court Cases
Maneka Gandhi v. Union of India
1978The Supreme Court held that Article 21 is not just against executive action but also against legislative action, and the procedure must be 'fair, just and reasonable.'
Impact: Revolutionary expansion of Article 21. The court established that Articles 14, 19, and 21 form a 'golden triangle' and must be read together.
K.S. Puttaswamy v. Union of India
2017The Supreme Court declared the right to privacy a fundamental right under Article 21.
Impact: Landmark 9-judge bench decision establishing privacy as an intrinsic part of life and liberty under Article 21.
Olga Tellis v. Bombay Municipal Corporation
1985The court held that the right to livelihood is an integral part of the right to life under Article 21.
Impact: Recognized that the right to life includes the right to livelihood, and cannot be deprived without due process.