What is guaranteed Article 21?

Under what circumstances can the government take away your rights?

In the US, certain inalienable rights are regarded as being granted by the Creator, not by government, and more specifically, government cannot take those from you, except when you commit a felony and are convicted by a just process.

What does Article 21 tells about the right to life and liberty?

Article 21 of Constitution of India: Protection of Life and Personal Liberty. Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”

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.

In which case was the right to live with dignity was interpreted under Article 21 of the Constitution?

The Supreme Court in the case of Maneka Gandhi vs. Union of India held that right to life embodied in Article 21 of the Indian Constitution, is not merely a physical right but it also includes within its ambit, the right to live with human dignity.

What are the 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.

What is an Article 23?

Prohibition of traffic in human beings and forced labour. (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Which article gives voting rights?

Article 326 of the Constitution provides that the elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage, that is to say, a person should not be less than 35 years of age.

What are the 7 human rights in India?

What are the three types of emergencies which the president can declare?

The President can declare three types of emergencies — national, state and financial emergency in a state.

What are the 6 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 ...

Which of the following is not a fundamental right under Article 21?

Detailed Solution. The correct answer is Right to Property. The right to property is not a fundamental right. Right to Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978, however, It was made a Constitutional right under Article 300A.

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.

What are the rights within the ambit of Article 21?

Right to Equality. Right to equality is also the part of Article 21 of the Indian Constitution which is the fundamental right. This right includes equality before the law, the prohibition of discrimination, etc. No citizen can be discriminated against based on sex, caste, colour, creed or religion.

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 is necessary to ensure that Article 21 of the Constitution is upheld?

Right to live with human dignity

An essential element of life is one's dignity and respect; therefore, each person has been guaranteed the right to live with dignity – which means having access to the necessities of human life as well as having autonomy over one's personal decisions.

Which of the following cases is related to Article 21 of the Constitution?

The Supreme Court of India in one of the landmark decision in the case of Murli S. Deora v. Union of India observed that the fundamental right guaranteed under Article 21 of the Constitution of India provides that none shall be deprived of his life without due process of law.

Can the government take away of an individual's right?

No-one – no individual, no government – can ever take away our human rights. ... Fundamentally, because everyone is a human being and therefore a moral being. The majority of individuals, if shown that they are violating someone else's personal dignity, will try to refrain.

What rights Cannot be taken away by the government?

14. The government cannot take away your life, liberty, or property without following the law. ... The government cannot take your private property from you for public use unless it pays to you what your property is worth.

Does the Constitution give us the right to overthrow the government?

--That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on ...