Transformation of Right to life through Judicial intervention in India

Abstract

The development of Article 21 (Right to Life and Personal Liberty) of the Indian Constitution is one of the most important aspects of the Indian Constitution and is primarily induced by the Supreme Court of India. This research examines how one of the shortest provisions in the Constitution has transformed in the duration of the seven decades, from a narrow, rigid, procedural safeguard to an ever-expanding provision of rights. At first, Article 21 was strictly interpreted. The courts have been considerably broad in the interpretation of Article 21 and have extended the Article through dynamic interpretation to include various rights such as dignity, the right to live and work, the right to receive free and compulsory education, the right to a speedy trial, the right to a pollution free environment, and the right to privacy. Adopting a qualitative, doctrinal approach, this study examines significant judicial interventions, spanning A.K. Gopalan vs. State of Madras (1950) and the constitutional transformation in Maneka Gandhi vs. Union of India (1978). It assesses, beyond the formal contours of the Indian Constitution, the socio-economic judicial activism of Olga Tellis (1985), Hussainara Khatoon (1979), Unni Krishnan (1993), and the pathbreaking privacy judgment, Justice K.S. Puttaswamy vs. Union of India (2017). It is observed that the discussions on judicial activism and institutional overreach are extensive and ongoing. However, the reform-oriented judicial activism has been an important counter-majoritarian means of protecting the rights of the underprivileged and the marginalized, and a tool of realizing their right to a life of dignity. It is acknowledged that realizing these rights requires significant reforms in the fields of data protection, legal awareness, and the criminal justice/institutional system.

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