Tags: life, liberty, constitution, Article 21
“The judgments rendered by all the four judges constituting the majority in ADM Jabalpur are seriously flawed. Life and personal liberty are inalienable to human existence. These rights are, as recognised in Kesavananda Bharati, primordial rights. They constitute rights under Natural law. The human element in the life of the individual is integrally founded on the sanctity of life. Dignity is associated with liberty and freedom. No civilized state can contemplate an encroachment upon life and personal liberty without the authority of law. Neither life nor liberty are bounties conferred by the state nor does the Constitution create these rights. The right to life has existed even before the advent of the Constitution. In recognising the right, the Constitution does not become the sole repository of the right. It would be preposterous to suggest that a democratic Constitution without a Bill of Rights would leave individuals governed by the state without either the existence of the right to live or the means of enforcement of the right. The right to life being inalienable to each individual, it existed prior to the Constitution and continued in force under Article 372 of the Constitution. Khanna, J. was clearly right in holding that the recognition of the right to life and personal liberty under the Constitution does not denude the existence of that right, apart from it nor can there be a fatuous assumption that in adopting the Constitution the people of India surrendered the most precious aspect of the human persona, namely, life, liberty and freedom to the state on whose mercy these rights would depend. Such a construct is contrary to the basic foundation of the Rule of Law which imposes restraints upon the powers vested in the modern state when it deals with the liberties of the individual. The power of the Court to issue a Writ of Habeas Corpus is a precious and undeniable feature of the rule of law.
K.S.Puttaswamy and another v. Union of India and others, (2017) 10 SCC 1 . (Dr. D.Y. Chandrachud, J.)
Constitution of India, Article 21 - Right to life, as envisaged under Article 21 of the Constitution of India includes the right to a decent environment, it includes within its ambit the right of a citizen to live in a clean environment - It has been held that the right to clean environment is a fundamental right - The right to live in an environment free from smoke and pollution follows from the “quality” of life which is an inherent part of Article 21 of the Constitution - The right to live with human dignity becomes illusory in the absence of a healthy environment - The right to life not only means leading a life with dignity but includes within its ambit the right to lead a healthy, robust life in a clean atmosphere free from pollution - Obviously, such rights are not absolute and have to coexist with sustainable development - Therefore, if there is a conflict between health and wealth, obviously, health will have to be given precedence - When we are concerned with the health of not one citizen but the entire citizenry including the future citizens of the country, the larger public interest has to outweigh the much smaller pecuniary interest of the industry, in this case the automobile industry, especially when the entire wherewithal to introduce the cleaner technology exists - There can be no compromise with the health of the citizens and if one has to choose between health and wealth, keeping in view the expanded scope of Article 21 of the Constitution, health of the teeming millions of this country will have to take precedence over the greed of a few automobile manufacturers. (2018)2 SCeJ 1566
Constitution of India, Article 21 - Malicious prosecution - Public law remedy for grant of compensation - Appellant an ISRO scientist arrested for 50 days on allegations of espionage – Charges were not proved and were found to be false by the CBI - It has caused tremendous harassment and immeasurable anguish to the appellant - It is not a case where the accused is kept under custody and, eventually, after trial, he is found not guilty - Criminal law was set in motion without any basis - It was initiated, if one is allowed to say, on some kind of fancy or notion - Liberty and dignity of the appellant which are basic to his human rights were jeopardized as he was taken into custody and, eventually, despite all the glory of the past, he was compelled to face cynical abhorrence - This situation invites the public law remedy for grant of compensation for violation of the fundamental right envisaged under Article 21 of the Constitution - In such a situation, it springs to life with immediacy - It is because life commands self-respect and dignity.(2018)2 SCeJ 1426
Constitution of India, Article 21 - Malicious prosecution - Torture – Constitutional court can grant compensation taking recourse to public law - Plea that there is no complaint with regard to custodial torture - When such an argument is advanced, the concept of torture is viewed from a narrow perspective - Emphasis has been laid on mental agony when a person is confined within the four walls of a police station or lock up - There may not be infliction of physical pain but definitely there is mental torment - It can be stated with certitude that the fundamental right of the appellant under Article 21 has been gravely affected - There can be no scintilla of doubt that the appellant, a successful scientist having national reputation, has been compelled to undergo immense humiliation - The lackadaisical attitude of the State police to arrest anyone and put him in police custody has made the appellant to suffer the ignominy - The dignity of a person gets shocked when psycho-pathological treatment is meted out to him - A human being cries for justice when he feels that the insensible act has crucified his self-respect - That warrants grant of compensation under the public law remedy - We are absolutely conscious that a civil suit has been filed for grant of compensation - That will not debar the constitutional court to grant compensation taking recourse to public law - The Court cannot lose sight of the wrongful imprisonment, malicious prosecution, the humiliation and the defamation faced by the appellant.(2018)2 SCeJ 1426
Constitution of India, Article 21 - Malicious prosecution - Constitutional court can grant compensation taking recourse to public law - Appellant, a successful scientist having national reputation - Suitable compensation has to be awarded, to compensate the suffering, anxiety and the treatment by which the quintessence of life and liberty under Article 21 of the Constitution withers away - Direct the State of Kerala to pay a sum of Rs. 50 lakhs towards compensation - Appellant, if so advised, may proceed with the civil suit wherein he has claimed more compensation.(2018)2 SCeJ 1426