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Scope Of Article 21 Of The Indian Constitution: A Critical Analysis




Yukta Kathuria, Amity University, Noida


ABSTRACT


Article 21 of the Indian Constitution has evolved and developed over time and the perspective of reading the article which is merely two sentence long has broadened. This paper will focus upon the meaning and interpretation of article 21 and its broad scope it has at present. The judiciary has played a major role in the expanding of the meaning of this article through judicial activism with its supporting judgments pronounced from time to time. The highlighting ruling being Maneka Gandhi V. Union of India which allowed Article 21 to be expanded with its scope. The latest opinion related to article 21 was made by the Hon’ble Supreme court stating that the right to die with dignity was also a part of article 21 of the Indian constitution in January 2023. The scope of article 21 is broad in its scope and a wide range of rights are covered under the same that would be discussed with its upholding judgments. The Article is also known to be the ‘heart and soul’ of the Indian constitution.


Keywords: Fundamental Rights, Judicial activism, Judiciary, Speedy Trial, and Homosexuality.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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