Challenges Antecedent To The Liberties Connected To Article 21 Of The Indian Constitution: An Analytical Study

Vibhansh Soni & Navodita Kaushik, Christ (Deemed To Be University)

ABSTRACT

ABSTRACT

Even though the Indian judiciary is conservative, it utilized judicial activism to evolve into a world-saving force. Article 21, often referred to as the "celebrity rule" of the Indian Constitution, occupies a unique position as an inherent right for the people of India. It safeguards life and individual freedom, ensuring that no one can lose their life or freedom without following a legally prescribed process. This right encompasses the right to health, a safe environment, and access to nutritious food, all integral to the right to life. Human rights, once known as natural rights, are designed to fulfill specific purposes, and it is essential for every individual to live with dignity. The term "life" in Article 21 includes not just physical existence but also the positive aspects of life, such as the freedom to seek happiness and the ability to earn a livelihood. This fundamental right is guaranteed to all residents of India, whether citizens or non-citizens. The Indian Constitution upholds the right to life, which inherently includes the right to work. This right is not just a theoretical concept; it is actively enforced and dynamic, reflecting the public policy principles envisioned by the framers of the Constitution. It prohibits the infringement of rights except through legally established processes, serving as a cornerstone of our Constitution. Article 21 is the most fundamental and transformative provision, applicable to all Indian citizens and nationals from other countries. Furthermore, the "protection of life and personal liberty" under Article 21 comes with certain limitations. Therefore, this research paper aims to explore the constitutional perspective on the right to life and freedom of conscience, along with the legal implications surrounding these freedoms.