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3 Jus Corpus L.J. 585 (2022-2023)
New Dimensions of Article 21: Impact of Maneka Gandhi's Case

handle is hein.journals/juscrp3 and id is 1485 raw text is: 





                         Jus Corpus Law Journal
                         Open   Access Law  Journal - Copyright © 2022  - ISSN  2582-7820
                         Editor-in-Chief - Prof. (Dr.) Rishikesh Dave; Publisher - Ayush Pandey

                         This is an Open Access article distributed under the terms of the Creative Commons Attribution-
                         Non-Commercial-Share Alike 4.0 International (CC-BY-NC-SA 4.0) License, which permits
                         unrestricted non-commercial use, distribution, and reproduction in any medium provided the
                         original work is properly cited.



   New dimensions of Article 21: Impact of Maneka Gandhi's case


                                                 Salma Araa


                                  aTechno  India University, Kolkata, India

                     Received 22 September 2022; Accepted 02 October 2022; Published 11 October 2022




 The Supreme Court of India has now known as an activist court, the reason is enough of its judicial activism is based on the

 interpretation of the meaning of Article 21 of the Indian Constitution. PILs, in the majority, have been filed under this article

 only. This is also why the Supreme Court finds its strength in Article 21. There have been various changes in the interpretation

 of this provision and the attitude of the Supreme Court over some time. After the national emegency in theyear 1975 and the

 Maneka  Gandhi case, one can witness an exquisite shift in juridical stance towards the defense of individual discretion. The

judicial pronouncement made before Maneka's case was not satis factoy concerning Article 21 whereas, after the judgment of

Maneka's  case, new dimensions to Article 21 came forward. The Supreme Court has reinterpreted the phrase in light of Article

21  after the case of Maneka Gandhi in which it states that the right to live does not merey confine to the right to live but to live

with dgnity, keeping in mind notjust the viewpoint of the accused or criminal, but also that of society and the victims.


Keywords:   article 21, supreme court, manekagandhi, interpretation.





INTRODUCTION

The   Indian  Constitution   ensures  its inhabitants'  enjoyment   of six distinct  fundamental rights.

Among others, the right to life and personal liberty is protected by Article 21, allowing them to

lead  an unrestricted   existence. Although   in judgments decided before the Maneka Gandhi case,


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