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Case note maneka gandhi v s uoi

Article 21 of the Constitution Written by: Aakriti Agrawal - Symbiosis Law College, Pune Need a Constitutional Lawyer Indian democracy wedded to rule of law aims not only to protect fundamental rights of its citizens but also to establish an egalitarian order.

Related Articles on Constitutional laws

Law being an instrument of social engineering obliges the judiciary to carry out the process established by it. Lord Chancellor Sankey once said amidst the cross currents and shifting sands of public life the law is like a great ark upon which a man may set his foot and be safe.

In this remark, he has emphasized on the importance of law. It is needless to say that life of an individual in a society would become a continuing disaster if not regulated.

The first decision given to interpret the scope and meaning of life and personal liberty under article 21 of the Indian constitution was: State of Madras air 1950 sc 27 The apex court interpreted that the words "procedure established by law" in article 21 are to be given a wide and fluid meaning of the expression "due process of law" as given under the u.

Union of India in this case it was held that any law that deprives the life and liberty must be just and fair krishna iyer j. In the case of P. Rathinam case held that right to live includes right not to live.

Physical as well as mental health both are treated as integral part of right to live upholding that without good healthneither civil nor political rights which constitution confers cant be enjoyed. Judiciary has played a vital role in the interpretation and correct use of article 21.

Why Maneka Gandhi Vs Union of India considered as a landmark case?

The following are some cases on "right to life" through judicial activism C Masilamani Mudaliar Vs. Equity, dignity of a person and the right to development are the inherent rights of every human being. Life in its expanded horizon includes everything that gives meaning to a person's life including culture, heritage and tradition with dignity of a person. In the above case, it was held that any one who wishes to live in peace, no one can claim a right to create noise even though he does so in his own premises.

Article 21 of the Constitution

Any noise, which materially interferes with the ordinary comforts of the life of the other, judged by an ordinary prudent man is nuisance. State of Andhra pradesh the apex court has widened the scope of article 21 and has provided with the rights article 21 embraces within itself.

  • Physical as well as mental health both are treated as integral part of right to live upholding that without good health , neither civil nor political rights which constitution confers cant be enjoyed;
  • The following are some cases on "right to life" through judicial activism C Masilamani Mudaliar Vs;
  • Aakriti Agrawal - Symbiosis Law College, Pune Need a Constitutional Lawyer Indian democracy wedded to rule of law aims not only to protect fundamental rights of its citizens but also to establish an egalitarian order;
  • The following are some cases on "right to life" through judicial activism C Masilamani Mudaliar Vs;
  • They are Right to go abroad.

They are Right to go abroad.