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Part VII Rights—Substance and Content, Ch.42 Life and Personal Liberty

Anup Surendranath

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 February 2024

This chapter considers the ‘right to life and personal liberty’ guaranteed in Article 21 of the Indian Constitution. It provides an account of the content of this right, the way in which its meaning has developed and been understood, and the shape the jurisprudence in this area has taken. It explores certain specific guarantees that have been recognized under the right, and the way in which the right has been expanded, including through the Supreme Court’s emphasis on dignity. It considers debates on the hierarchy of rights and concerns that remain on the nature and meaning of this guarantee within Indian constitutional law.

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