Judicial Interpretation of Article 21: From Negative Liberty to a Source of Fundamental Human Rights
Abstract
Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, has undergone a remarkable transformation through judicial interpretation. Originally conceived as a narrow guarantee against executive arbitrariness, Article 21 has evolved into a dynamic and expansive source of fundamental human rights. Through progressive judicial interpretation, the Supreme Court of India has redefined the meaning of “life” to encompass dignity, autonomy, and a wide range of socio-economic and civil liberties. This paper examines the jurisprudential journey of Article 21 from its early restrictive interpretation as a negative liberty to its present status as the cornerstone of India’s human rights framework. It critically analyzes landmark judicial decisions that expanded the scope of Article 21 and evaluates the role of judicial activism in constitutional transformation. The paper further explores the doctrinal foundations of this evolution and assesses its implications for constitutional governance, separation of powers, and the protection of human dignity. It argues that judicial interpretation of Article 21 has played a transformative role in aligning constitutional law with evolving social realities and human rights norms.
How to Cite This Article
Dr Naveen Kumar (2022). Judicial Interpretation of Article 21: From Negative Liberty to a Source of Fundamental Human Rights . International Journal of Multidisciplinary Research and Growth Evaluation (IJMRGE), 3(6), 978-982.