Author(s): Gajanan Rekhchand Jadhav, Dr. Pankaj Dwivedi
Abstract:
Fundamental Rights is a charter of rights contained in the Constitution of India. It guarantees civil liberties for all Indians to lead their lives in peace and harmony as citizens of India. The right to life and personal liberty is the most exquisite and essential fundamental human right, around which other rights of the individual revolve. Therefore, this study assumes great significance. The study of the Right to Life is, in fact, a study of the Supreme Court's role as the guardian of fundamental rights. Article 21 is the idol provision of the Indian Constitution and occupies a distinctive place as a fundamental right. It guarantees the right to life and personal liberty to citizens as well as aliens and is enforceable against the State. The new interpretation of Article 21 in the Maneka Gandhi case has led to a new era where the right to life and personal liberty has expanded its horizons. The broad and liberal interpretation now covers various aspects that the founding fathers of the Constitution might or might not have foreseen. This revolution in the basic concept makes it essential to examine the expanding horizons of the right to life and personal liberty, along with judicial interpretation, justification for such liberal interpretation, and the relation of Article 21 with the provisions of Article 32, Directive Principles of State Policy, and International Human Rights Instruments. One of the burning topics of today is the protection of personal life and liberty of an individual. This dissertation attempts to examine the expanding horizons of the right to life and personal liberty.
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