Question map
Which of the following statements regarding Article 21 of the Constitution of India is/are correct? 1. Article 21 is violated when the under-trial prisoners are detained under judicial custody for an indefinite period. 2. Right to life is one of the basic human rights and not even the State has the authority to violate that right. 3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty. Select the correct answer using the code given below.
Explanation
Article 21 of the Constitution of India protects the right to life and personal liberty [5]. Statement 1 is correct as the Supreme Court, in cases like Hussainara Khatoon vs. State of Bihar, established that the right to a speedy trial is an integral part of Article 21 [4]. Indefinite detention of under-trial prisoners violates this fundamental right. Statement 2 is correct because the right to life is considered a basic human right; while the State can deprive a person of liberty according to 'procedure established by law', it cannot do so arbitrarily [5]. Statement 3 is incorrect because the Supreme Court has expanded the scope of Article 21 to include individual autonomy and reproductive choices. In cases like Suchita Srivastava and K.S. Puttaswamy, the court ruled that reproductive autonomy and privacy are intrinsic parts of personal liberty [4].
Sources
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 89
- [5] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > YOU ARE THE JUDGE > p. 34
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > D I Right to Education > p. 91
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > G Protection of Life and Personal Liberty > p. 90
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > K.S. PUTTASWAMY CASE (2017) > p. 641