Right To Life And Personal Liberty
According to article 21 of the constitution of India, “No person shall be deprived of his life or personal liberty, except according to procedure established by law”. Although unlike USA constitution ‘Due process of law’has not been mentioned in our constitution even though, after the decision of Maneka Gandhi vs UOI we follow the principle of natural justice. This article is very important article because it is a magna karta for human rights. This article cannot be suspended even during emergency.
According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural magna carta protective of life and liberty.
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.
Right to life is fundamental to our very existence without which we cannot live as human being and includes all those aspects of life, which go to make a man’s life meaningful, complete, and worth living. It is the only article in the Constitution that has received the widest possible interpretation. Under the canopy of Article 21 so many rights have found shelter, growth and nourishment. Thus, the bare necessities, minimum and basic requirements that is essential and unavoidable for a person is the core concept of right to life.