What does Article 21 include?

What is right of liberty?

The right to liberty means that people must not be arrested and detained, unless provided for by law. Their arrest and the detention must also not be arbitrary. This right applies to all forms of detention where people are deprived of their liberty, not just criminal justice processes.

Can Article 21 be suspended?

Detailed Solution. The correct answer is Article 20 and 21. During a national emergency, Article 20 (Protection in respect of conviction for offenses) & Article 21 (Protection of life and personal liberty) cannot be suspended.

Is Article 21 A negative right?

Article 21 as the source of Substantive Rights

The right is available to every person, citizen or alien. ... This Article is couched in a negative form and enjoins the State not to deprive any person, not necessarily only a citizen, of his life or personal liberty except according to procedure established by law.

What ensures that Article 21 of the Constitution is upheld?

Judgement: The Honourable Supreme Court held that the right to travel and go outside the country must be included in the Right to Personal Liberty. It stated that “personal liberty” given in Article 21 had the widest amplitude and covered a variety of rights related to the personal liberty of a person.

What is the full form of PIL?

Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals.

Which of these cases established a constitutional right of due process under Article 21?

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.

What are the six right to freedom?

Article 19 of the Indian constitution mentions six freedoms that are available to the citizens of India: (a) Freedom of speech and expression (b) Freedom to assemble peacefully and without arms (c) Freedom to form Associations and Unions (d) Freedom to move freely throughout the territory of India (e) Freedom to reside ...

Why right to education is an extension of Article 21?

This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws. Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12.

What comes under freedom right?

These include the freedom of speech and expression, freedom of assembly without arms, freedom of association, freedom of movement throughout the territory of our country, freedom to reside and settle in any part of the country of India and the freedom to practice any profession.

What is the procedure established by law under Article 21?

Though Article 21 formally provides that a person's life and personal liberty can be deprived so long as there is merely a “procedure established by law” (that is, a validly enacted law), the doctrine of procedural due process mandates that this procedural law must be “fair, just and reasonable”.

Is Article 21 enforceable against private?

If an act of private individual amounts to encroachment upon the personal liberty or deprivation of life of other person. ... But, where an act of private individual supported by the state infringes the personal liberty or life of another person, the act will certainly come under the ambit of Article 21.

Which article is backbone of Indian?

Article 19 is also called “Part of Backbone”.

Who is the highest law officer in India?

Advocate General of the State is the highest law officer in the state. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Also, he corresponds to the Attorney General of India.

Which article can never be suspended?

Article 21 of the Indian Constitution can never be suspended.

Who can declare emergency in India?

(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or 1[armed rebellion], he may, by Proclamation, make a declaration to that effect 2[in respect of the whole of India or of such part ...

What are the 5 basic human rights?

Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.

What are the 10 basic human rights?

What is the difference between liberty and freedom?

Thus liberty entails the responsible use of freedom under the rule of law without depriving anyone else of their freedom. Freedom is broader in that it represents a total lack of restraint or the unrestrained ability to fulfill one's desires.

What are 7 fundamental rights?

Seven fundamental rights were originally provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.