~ Article 21 which mandates that ‘no person shall be deprived of his life or personal liberty except according to procedure established by law’ is a great protection given not only to the citizens of this country,
but to every person living in this country either temporarily or permanently. This right is as extensive and diverse as life is and covers all its facets. This is one of the branches of Constitutional law which was very widely expanded and is being expanded.
Though initially the courts were a little hesitant, and satisfied with giving a narrow interpretation of the word ‘life’ and the phrase ‘personal liberty’, later, it came up with a very broad concept
and enriched the definition of life and personal liberty in tune with the philosophy of the Constitution. It received assistance, in the process, not only from the Preamble and the fundamental rights but also from directive principles.
In fact, in unfolding the meaning of life, it practically read the non -justiciable directive principles into fundamental rights and adorned the ‘life’ and ‘personal liberty’ with other reinforcements.
This is a great guarantee against the unguided, unbridled and uncontrolled police powers which were inherited from the colonial past. It is a controlling line between a police State and a democratic State. A great divide between an oppressive State and a welfare State.
It is a protection or shield against the repressive attitude of the State in the name of maintaining law and order, against taking away the lives of people without any respect to the laws promulgated. This Article attains primacy over other fundamental rights in the sense
that it safeguards the ‘very life’, whereas the other rights come to the aid when life does not flicker away. The other rights blossom when the right to life is Hence its primacy. ~ Bojja Tharakam in: thesharedmirror.org/?product=in-qu…
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