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Art. 21 Part III: Fundamental Rights

Protection of Life and Personal Liberty

Exact text — Constitution of India

No person shall be deprived of his life or personal liberty except according to procedure established by law.

In Plain English

What this Article actually means

Twenty words that have generated more litigation and judicial interpretation than almost any other line in the Constitution. Originally read narrowly — any properly enacted law was enough, however unfair its content — the 1978 Maneka Gandhi ruling transformed it: the 'procedure' itself must now be fair, just and reasonable, not merely lawful in form. Since then, courts have progressively read 'life' and 'personal liberty' to include far more than mere physical survival: privacy, dignity, livelihood, a clean environment, shelter, health, and more — making Article 21 the single broadest right in the Constitution.
Why This Matters To You

How it shows up in everyday life

An extraordinary range of citizen protections trace back to this one sentence: your right to privacy (including data privacy), your right not to be evicted without due process, a hospital's duty to give you emergency care, protection against custodial torture, and even (per recent rulings) aspects of environmental protection and the right to a dignified death. When in doubt about which Article protects a basic human concern not explicitly named elsewhere in the Constitution, it's very often Article 21.

Landmark Cases

How courts have interpreted this Article

Maneka Gandhi v. Union of IndiaAIR 1978 SC 597 — The turning point — held that 'procedure established by law' must itself be fair, just and reasonable, not an empty formality, fundamentally expanding Article 21's protective power. Verify this case
K.S. Puttaswamy v. Union of India(2017) 10 SCC 1 — A 9-judge bench unanimously held the right to privacy is intrinsic to Article 21 — the foundation of India's modern data-protection and surveillance law. Verify this case
Olga Tellis v. Bombay Municipal CorporationAIR 1986 SC 180 — Held the right to livelihood is part of the right to life — evicting pavement dwellers without due process and alternative arrangements violates Article 21. Verify this case
Frequently Asked

Quick answers about Article 21

Does Article 21 protect non-citizens too?
Yes — it uses the word 'person', not 'citizen', so it protects everyone within India's territory, including foreign nationals.
Is the right to die (euthanasia) covered under Article 21?
Partially — the Supreme Court has recognised a limited right to passive euthanasia and a 'living will' (advance medical directive) for terminally ill patients, under strict safeguards, as part of the right to a dignified life and death.

The text above reproduces Article 21 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.