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Article 21 is the SOUL of Indian Democracy

13 Jul 2025 : 21:31 Comments:  Views: 
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Why Article 21 Is the Most Powerful Fundamental Right in India, Dr Anthony Raju Advocate Supreme Court and Chairman Indian National Human Rights Protection Council 

By Dr. Anthony Raju, Advocate Supreme Court of India & Chairman, Indian National Human Rights Protection Council

“The soul of our Constitution lives in Article 21.”

These powerful words by Dr. Anthony Raju, one of India’s leading constitutional and criminal law experts, encapsulate the gravity and relevance of Article 21 in today’s India.

What Is Article 21?

Article 21 of the Constitution of India states:

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

It is a right guaranteed to every individual — citizen or non-citizen — and it is non-negotiable, non-suspendable, and enforceable by law.

Why Article 21 Is the Most Powerful Right – Explained by Dr. Anthony Raju

✅ 1. It Is the Foundation of All Other Rights

Article 21 is the bedrock of human dignity. Without the right to life and liberty, no other right can exist. Whether it is the right to speech, freedom of movement, or access to justice, they all stem from this provision.

“If Article 21 is violated, the entire constitutional architecture collapses,” says Dr. Raju.

✅ 2. Broadest Interpretation by Judiciary

The Supreme Court has expanded Article 21 over decades through progressive judgments to include:

Right to privacy

Right to clean air and water

Right to health and medical care

Right to speedy trial

Right to live with dignity

Right to education

Right against custodial torture

This judicial creativity has transformed Article 21 into the living heart of Indian democracy.

✅ 3. Ultimate Protection Against State Abuse

In a time where cases of:

Arbitrary arrests

Police brutality

Custodial deaths

Forced disappearances

are rising, Article 21 stands as a sword and shield to protect citizens against excesses of power.

Dr. Raju affirms,

“Even the State cannot touch a person’s liberty without due process. That’s the true essence of constitutional supremacy.”

✅ 4. It Is Universal and Inclusive

Unlike some rights that apply only to Indian citizens, Article 21 applies to every person — including foreigners, prisoners, and marginalized individuals.

It is inclusive, humane, and foundational to human rights jurisprudence in India.

✅ 5. Human Rights Begins with Article 21

As Chairman of the Indian National Human Rights Protection Council, Dr. Anthony Raju has led numerous campaigns and legal interventions using Article 21 to:

Stop illegal detentions

Challenge inhumane prison conditions

Advocate for clean environments

Ensure medical treatment to the poor

Oppose sexual violence and POCSO violations

“Every time we fight for justice, we invoke the spirit of Article 21,” adds Dr. Raju

Article 21 is not just a legal right. It is the moral compass of Indian democracy.

It reminds the State that power is not above life, and it empowers every Indian to live with liberty, dignity, and purpose.

In the words of Dr. Anthony Raju:

“Article 21 is the oxygen of our Constitution. Without it, the nation cannot breathe.”

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