What is Article No 21?

According to Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.” This fundamental right is available to every person, citizens and foreigners alike.

What is Article 21 A of Indian Constitution?

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

Which type of article is Article 21?

Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thus, article 21 secures two rights: Right to life, and. 2) Right to personal liberty.

Who wrote article 21?

This article is written by Shruti Singh, a student at Lloyd Law College, Greater Noida. In this article, she discusses the Constitution of India, Article 21.

Is Article 21 an absolute right?

Is Article 21 an absolute right? No, it is not an absolute right. The State can impose restrictions on the right to life and liberty but it should be fair, reasonable and just, and as per the procedure established by law.

Article 21 of the Indian Constitution | With Important Case Laws In Hindi

Is Article 21 A negative right?

Article 21 of the Indian constitution in its grammatical form, appears to be negative, but, in reality, it has been given a positive effect by judicial interpretation. The right is a fundamental right, enforceable against the state judicial; decisions have imposed, on the state, several positive obligations.

Is Article 21 against private individuals?

But, where an act of private individual supported by the state infringes the personal liberty or life of another person, the act will certainly come under the ambit of Article 21. Article 21 of the Constitution deals with prevention of encroachment upon personal liberty or deprivation of life of a person.

Is Article 21 suspended during emergency?

After the 44th Amendment Act, it was agreed by the Court that in any case no person can be stripped of his right to life and personal liberty. Therefore Articles 20 and 21 cannot be suspended even in case of an emergency.

Who is the highest law officer in India?

Attorney General is the highest law officer in India. Article 76 of the Indian Constitution under its Part-V deals with the position of Attorney General of India. He is the chief legal advisor to the government of India and advises the union government on all legal matters.

What are the three types of emergencies?

The President can declare three types of emergencies — national, state and financial emergency in a state.

• National emergency under Article 352.
• President Rule, under Article 356.
• References.

Who declare national emergency in India?

The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the president of India, and thereafter ratified by the cabinet and the parliament (from July to August 1975), based on the rationale that there were imminent internal and external threats to the Indian state.

What is the full form of PIL?

Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals.

What is the punishment for violation of Article 21?

State of Punjab[15], the Supreme Court settled the question by declaring that the death penalty is a necessary evil that does not violate the Constitution. It further held that the death penalty must be provided in the rarest of rare cases to restrict arbitrary use of the power to sentence convicts to death.

What is right to privacy?

1) The right not to have one's personal matters disclosed or publicized; the right to be left alone. 2) The right against undue government intrusion into fundamental personal issues and decisions.

What are the 7 fundamental rights of India?

Fundamental Rights - Articles 12-35 (Part III of Indian...

• Right to Equality.
• Right to Freedom.
• Right against Exploitation.
• Right to Freedom of Religion.
• Cultural and Educational Rights.
• Right to Constitutional Remedies.

Is health a right in India?

Right to Health is a part and parcel of Right to Life and therefore right to health is a fundamental right guaranteed to every citizen of India under Article 21 of the Constitution of India.

Is electricity a fundamental right?

"Electricity is a basic amenity in life. Water and electricity are integral part of right to life within the meaning of Article 21 of the Constitution of India."

How many articles are there in Indian Constitution?

The original text of the Constitution contained 395 articles in 22 parts and eight schedules. It came into effect on January 26, 1950, the day that India celebrates each year as the Republic Day. The number of articles has since increased to 448 due to 100 amendments.

Why right to education is an extension of Article 21?

This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws. Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12.

Who can claim fundamental rights?

The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners. The Fundamental Rights guaranteed by Articles 15, 16, 19, 29, and 30 are available only to citizens of India.

What is full form Google?

GOOGLE: Global Organization of Oriented Group Language of Earth.

Which is oldest high court in India?

The Calcutta High Court is the oldest High Court in India. It has jurisdiction over the State of West Bengal and the Union Territory of the Andaman and Nicobar Islands. The High Court building''s design is based on the Cloth Hall, Ypres, in Belgium. The court has a sanctioned judge strength of 72.

Who can file PIL?

Who can file it? Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case.

What is the Article 360?

Article 360 of the Indian Constitution empowers the President to invoke financial emergency. Grounds of declaration – If the President is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

Which rights are suspended during emergency?

Answer: Indian citizens' Fundamental Rights can be suspended during a national emergency. The right to freedom under Article 19 is immediately suspended. The right to life and personal liberty, on the other hand, cannot be suspended under the original Constitution.