These slides will help you to find the active role of Indian Judicial system in the expansion of the area of Fundamental Rights.

1. Article 21
The Expanding Horizon
Presented By- Faisal Mahmood

2. Part III: Fundamental Rights
• Article 21. Protection Of Life And Personal
Liberty: No person shall be deprived of his life
or personal liberty except according to
procedure established by law.
• Heart of the Fundamental Rights- Supreme Court.
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3. Three Phases of Evolution
 AK Gopalan Era (1950)
 Maneka Gandhi case(1978)
 Post Maneka Gandhi period: Dynamic interpretation
of Art 21
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4. AK Gopalan Era(1950)
• The scope of Art21 was a bit narrow till 50s.
• The Apex Court held in AK Gopalan v State of Madras case
that the subject matter of Article 21 and 19(1)(d) are not
identical and they proceed on total principles.
• The word deprivation was construed in a narrow sense and can
not be use in relation with right to move freely which came
under Article 19 (1) (d).
• At the time it was the leading case in respect of article 21
along with some other articles.
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5. Maneka Gandhi Case: A new dimension Added
• A landmark case in the history of evolution of Art 21. Influence of
emergency, hence interpretation of FRs more liberal and we see an activist
role of judiciary.
• Case: Passport act was arbitrary so violative of Article 14; violation of Art
21 as proper procedure not prescribed; Art 19 also violated.
• The Judgment of this case changed the earlier taken stand AK Gopalan case.
• Law can not just prescribe the procedure; it has to be reasonable and fair
also.
• Here Art 21 imposed a restriction upon the state where it prescribed a
procedure depriving a person’s liberty.
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6. Post Maneka Gandhi: Dynamic Interpretation
• A new era of Judicial Revolution.
• Colors were added to the article which led to many sheds.
• Some important cases-
• Francis Coralie Mullin v Admin, UT Delhi and ors.- the
procedure established by law must be reasonable , fair and just and not arbitrary.
• Olga Tellis v Bombay Municipal corp.- expanded the scope of Art 21
and included the right to livelihood.
• BMM v UOI- the meaning of right to life includes the right to live in fair and
reasonable conditions, right to rehabilitation, right to livelihood and decent
environment.
• Unni Krishnan V State of AP- life includes the education as well. As
right to education flows from the right to life.
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7. List of right covered under Art21
• Right to go abroad
• Right to privacy
• Right against handcuffing
• Right to Shelter
• Right against custodial death
• Right to die
• The right against delayed execution
• Doctors assistance
• The right against public hanging
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8. Many DPSPs also included in many judgments-
• Right to pollution free water and air
• Protection of under trial
• Right to every child to full development
• Protection of cultural heritages
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