The Constitution speaks that no person of the state shall be destitute of the right to life and personal library. The right to life was protected by the law under the fundamental right. No restrictions were on the citizen of the country, everyone has the right to life under the Constitution. The human rights provided people’s good life under the right to life and personal library. If was restricted to enjoy his freedom by some unlawful action of government the he have rights to investigate against the action.
The most important part of the constitution was fundamental rights and in it elaborates exploitation of human rights as written in the other constitution of the world. The provision constitution provided a broad declaration of fundamental rights which is necessary for the full development of personality of individual. The aimed of these fundamental rights is to establish such law to welfare of the citizen. The purpose of establishing the fundamental rights is to protect the rights and liberties of the peoples. Human development is moral basic principles that explain the standard of human and it protect their natural and legal rights.
Article 21 now safeguard the right to life and personal liberty of citizens and not only from managerial action but from the parliamentary action also.
If two conditions compiled then a person can be deprived of his life and personal liberty:-
- There must be a law.
- There must be a procedure prescribed by law, provided that the procedure is just fair and reasonable.
Article 21 held to the heart of the constitution. It’s give a different way of protecting the fundamental right of life. Without the fundamental right to life we cannot live as human being and included all those aspects of life. The rights of life makes the life meaningful, complete, and worth living. The right to life and personal liberty makes the citizens life to live freely without any interference of the government. There are many fundamental rights which was making to the development or to increasing the living standard of citizens. This right was not conflict to the fullest things of humans but with the judicial action.
In the place of the rule of man, a human being has established the rule of law of constitution to protect the right of life and liberty of citizens. The state has been very inception to protect and safeguard of such fundamental rights. These rights was accepted and adopted by the citizen of the state for development of their living life. The right to life and liberty find its place in Article 3 of human right that speaks “everyone has the right to life, liberty, and security of person”.
Under Article 21 of the constitution of India interoperated the right to life and personal liberty of citizens in Maneka Gandhi’s case has explain all the perception of the right to life.
For the development of human personality it is necessary to benefit the right to life and liberty. In the democratic state it id the basic human right. The right to life and personal liberty of citizen is a back-bone of the human rights. Every citizen has a right to live freely and enjoy their freedom as there fundamental right. In the state without the laws and legal rights person cannot enjoy their freedom because in the modern era the humans was not honor each other’s action and interfere in there human rights and violate them.
So to get the solution of this problems man established some certain law which was found in the constitution. The right to life and personal liberty was the most precious fundamental right among all the human rights. The reason for this when the peoples attentive towards their right to life then there life become meaningful.
Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.
Article Three of the United States Constitution establishes the judicial branch of the federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress.
1978 AIR 597, 1978 SCR (2) 621