Protection of Life and Personal Liberty under Article 21

Article 21 protects the life and personal liberty of every person, not just Indian citizens. It states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Its protection therefore extends to non-citizens, including foreigners within India.

Who is protected?

The decisive expression in Article 21 is “person”, rather than “citizen”. Citizenship is therefore not a condition for receiving its protection.

• Both Indian citizens and foreigners are protected against unlawful deprivation of life or personal liberty.
• A person's nationality does not, by itself, remove this constitutional protection.
• Article 21 binds the State, including its executive authorities; their actions affecting life or personal liberty must satisfy constitutional requirements.

What does the protection require?

Article 21 does not prohibit every restriction on personal liberty. It requires a legal basis and a constitutionally valid procedure for depriving a person of that liberty.

• In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the procedure must be fair, just and reasonable, rather than arbitrary.
• The protection extends beyond mere physical survival: the right to life includes living with human dignity.

How does it differ from citizens-only freedoms?

Protection under Article 21 must not be confused with the freedoms guaranteed exclusively to citizens under Article 19.

• Article 19(1)(d) and Article 19(1)(e) guarantee citizens the freedoms to move freely throughout India and to reside and settle in any part of its territory.
• Foreigners cannot claim these citizens-only freedoms merely because Article 21 protects their life and personal liberty.