Question map
Which of the following statements are true for the Fundamental Right to Life and Personal Liberty as guaranteed under Article 21 of the Constitution of India? 1. The Right is available to citizens as well as aliens. 2. It covers protection against arbitrary executive and legislative action. 3. It includes the right to live with human dignity. 4. It can be taken away according to the procedure established by law. Select the correct answer using the code given below.
Explanation
Article 21 of the Indian Constitution provides that no person shall be deprived of their life or personal liberty except according to the procedure established by law [3]. This fundamental right is available to both citizens and non-citizens (aliens) [2]. Initially, in the A.K. Gopalan case, the Supreme Court held that Article 21 only protected against arbitrary executive action [3]. However, the landmark Maneka Gandhi case (1978) expanded this scope, ruling that the right protects against both arbitrary executive and legislative actions [4]. The Court further established that any law depriving a person of liberty must be just, fair, and reasonable, effectively introducing substantive due process [4]. Additionally, the judiciary has interpreted Article 21 broadly to include the right to live with human dignity, moving beyond mere animal existence [4]. Thus, all four statements provided in the question are correct.
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 89
- [3] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > YOU ARE THE JUDGE > p. 34
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
- [4] https://mcrhrdi.gov.in/splfc2-2022/week11/Article%2021%20Protection%20of%20Life%20&%20Personal%20Liberty%20-%20ASR.pdf