Introduction
Right to life under article 21, Broad interpretation by Indian Judiciary.
Article 21 states -”No person shall be deprived of his life or personal liberty except according to procedure established by law.
• Life here means something more than mere human existence, It means and includes those means and ways by which life can be enjoyed.
• Right to Personal Liberty means the liberty of an individual to behave as one please except for those restrained imposed by law.
Importance of Article – 21
Protection of Life and Liberty –
It guarantees that no person can be deprived of their life or personal freedom except by a fair and legal process.
Foundation of other fundamental rights –
• Article 21 of Indian constitution enshrines the fundamental right to life and personal liberty, forming the cornerstone of human rights in India.
• Many important rights ( like the right to education, privacy, health, medical assistance, environment etc.) have been derived from it by the judiciary.
Available to all persons –
It is not only restricted to citizens. It protects foreigners, refugees, undertrial prisoners etc.
Broad and expanding scope –
Supreme court of India, through its judgement has interpreted life as not just living but living with dignity.
Thus makes the scope of Article 21 broader than any other article.
In the case of A.K. Gopalan vs. State of Madras, the supreme court adopted a narrow interpretation of article 21 and held that , Article 21 guarantees the right to life and personal liberty to persons only against the arbitrary action of executive and not from arbitrary legislative action.
As the expression procedure established by law in article 21 means – a law that is duty enacted by the legislature and can not be questioned on the ground that the law is unreasonable, unfair or unjust.
Broadening scope of Article 21 –
The case Maneka Gandhi vs Union of India (1978) marked a turning point in interpreting Article 21.
In this case Supreme Court overruled AK Gopalan Case, and held that, mere prescription of some kind of procedure is not enough to comply with the mandate of article 21.
Supreme Court also held that- The procedure prescribed by law has to be fair, Just and reasonable and not fanciful oppressive or arbitrary. In other words, the supreme court introduced the American concept of “Due process of Law”.
• Due process of law derives it’s essence from the principal of natural justice.
Expanding the scope of Article 21 to include environmental rights.
Evolution from basic life protection to quality of life.
Link between clean environment and right to Life
• Expanding the scope of Article 21 of the Indian constitution to include the right to a clean and healthy environment is a significant judicial development in Indian constitutional law.
Key aspects to expansion –
• The right to a clean and healthy environment is not explicitly mentioned in article 21.
However through landmark judgements, the judiciary has interpreted “ life” to mean more than mere animal existence.
It includes the right to live with human dignity which encompasses the right to a pollution free environment.
Landmark Judgements –
Rural Litigation and Entitlement Kendra vs. state of Uttar Pradesh (1985) – Environmental degradation as a theat to life.
• A Public Interest Litigation was filed by Rural Litigation and Entitlement Kendra, a Dehradun based NGO.
• It raised concern about illegal and excessive limestone mining in the Mussoorie hills.
Supreme court observation –
• The court ordered the closure of certain limestone quarries based on expert reports that confirmed environmental damage.
• Right to life (Article 21) includes the right to healthy environment.
• This cas was introduced the concept of “Ecological Balance” as essential to the right to life
M.C. Mehta vs Union of India , 1987 (Ganga pollution case) – pollution and public health under article 21
• M.C. Mehta filed a public interest litigation seeking the closure of tannaries and other polluting industries discharging toxic waste into Ganga River.
Supreme Court observation –
• pollution of rivers affect the right to life guaranted under article 21.
• A clean and healthy environment is an essential part of the right to live with human dignity and health of people is more important than the economic intrest of industries.
• This case is strengthened the “Public Trust Doctrine” – natural resources like river are held by the state in trust for the people, and established that economic development cannot come at the cost of public health and ecological balance.
Shubhash kumar vs State of Bihar (1991) –
• whether pollution caused by industrial waste violates the fundamental right under article 21.
Supreme Court Observation –
• Right to life includes right to enjoyment of pollution free water and air for full enjoyment of life.
• Court also held that- Pollution free water and air are integral to the right to life.
Vellore citizen welfare forum vs Union of India –
• Supreme Court reaffirmed that the right to clean and healthy environment is part of the right to life under article 21 of the constitution.
• In this case some key legal principles established.
Precautionary Principle –
• Precautionary Principle means – “ prevention is better than cure”
• It states that if an action or policy has a suspected risk of causing harm to the environment or human health, in the absence of scientific consensus the burden of proof falls on those advocating for the action.
Polluter Pays Principal-
• This principal of environmental law steps in and demand the total anticipated cost of the environment pollution from the polluter.
• The Polluter Pays Principal is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to health or the environment.
• The Supreme Court interprets this principle as- “ the absolute liability for harm to the environment extends does not only to compensate the victims of the pollution but also cost of restoring the environmental degradation”.
Sustainable Development Principal –
• The principal of Sustainable Development guide legislation, policy-making and Judicial decision to ensure harmony between development and environmental protection.
Public Trust Doctrine –
• The public trust doctrine is a legal principle that holds that certain natural resources like – air, water , forest and wildlife – are preserved for public use and that the government has duty to protect and maintain these resources for the benefit of the public.
Environmental protection under Fundamental Duties and Directive Principles-
• Environmental protection is recognised under both fundamental duties and directive principles of state policy in the Indian constitution, emphasizing the importance of ecological balance in governance and citizens.
Directive Principles of state policy –
Article 48A- “The state shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country”
• In the case of, Arjun Gopal vs Union of India, the Supreme Court held that the use of fireworks in national capital region is a major source of noise and air pollution causing immense harm to lives and health of citizens.
It is the duty not only of the state but also of citizens to ensure healthy environment.
Fundamental Duties –
Article 51 A(g)- “It shall be duty of every citizen of India to protect and improve the natural environment including forests,lakes, rivers and wildlife, and to have compassion for living creatures.”
• Every citizen is morally and constitutionally obliged to contribute to environmental conservation, though not enforceable by law, these duties guide public behaviour and awareness.
Role of National Green Tribunal in protecting article 21, Right, establishment and powers –
The National Green Tribunal (NGT) plays a crucial role in protecting the Right to Life under Article 21 of the Indian Constitution, which has been judicially interpreted to include the right to a clean and healthy environment.
Establishment of NGT-
• Established under: The National Green Tribunal Act, 2010
• Came into force: 18 October 2010
• Objective: Provide a specialized forum for the effective and expeditious disposal of environmental cases.
Powers and Jurisdiction of NGT
• Original Jurisdiction- It hears cases related to environmental protection, conservation of forests, biodiversity, and enforcement of legal rights under environmental laws.
• Appellate Jurisdiction-
Hears appeals under various environmental laws like:
The Water (Prevention and Control of Pollution) Act, 1974
The Air (Prevention and Control of Pollution) Act, 1981
The Environment (Protection) Act, 1986
• Suo Motu Powers:
NGT can take up matters on its own (suo motu) based on media reports or letters.
Role in Protecting Article 21
• The NGT upholds Article 21 (Right to Life) by ensuring that environmental degradation does not infringe upon public health, livelihood, and quality of life. It plays this role by:
• Preventing industrial pollution and unsustainable development
• Enforcing environmental regulations effectively
• Ensuring speedy justice in environmental disputes
Fast track environmental justice and access to remedies – Fast-tracking environmental justice and access to remedies” refers to accelerating efforts to ensure that all communities—especially those historically marginalized—receive fair treatment and meaningful involvement in environmental decision-making, and can quickly access legal, administrative, or policy remedies when harmed by environmental degradation.
Conclusion
So, in essence we can say that , The right to life and personal liberty has been interpreted by the apex court widely to include the right to livelihood, health, education, environment, and all those matters that contributed to life with dignity. This fundamental Right has given birth to so many new concepts that are now treated as separate rights of an individual.
About Author
Kajal Singh, graduated from Veer Bahadur Singh Purvanchal University Jaunpur . Kajal’s intrest is in constitutional law. It includes practical experience in this field and contribute meaningfully through my research, writing, and analytical abilities further grow in the field of constitutional law. It developed a deep academic and personal interest in constitutional principles, rights jurisprudence, and public law.