Article 21 of the Constitution of India guarantees the right to life and personal liberty:

Dr. Anthony Raju, Advocate Supreme court and Constitution Expert

Article 21 of the Constitution of India guarantees the right to life and personal liberty:

  • No person can be deprived of their life or personal liberty except in accordance with a procedure established by law.
  • No person can be denied equality before the law or equal protection of the laws within India. 

The state refers to all entities with statutory authority, such as the government, parliament, and local authorities. Violation of the right by private entities is not within its purview. 

Article 21 also imposes an obligation on the state to: 

  • Preserve life 
  • Provide adequate medical facilities for the people 
  • Ensure that the procedure prescribed by law for depriving a person of their liberty is “reasonable fair or just” 

The right to life and personal liberty was debated in the Constituent Assembly on December 6 and 13, 1948. The members chose to retain the phrase “procedure established by law”. 

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