Informed Life of an Indian

Abstract

The scope of Article 21 was a very minnow till 50s as it was held by the Apex Court in Gopalans case that the contents and subject matter of Article 21 and 19(1)(d) are not identical (they proceed on total principles). In the same the word deprived was construed in a narrow sense and it was held that the deprivation does not restrict upon the right to move freely which came under Article 19(1)(d).

Gopalans case was the leading case in respect of Article 21 along with some other Articles of the Constitution, but post this case the scenario in respect of scope of Article 21 has been expanded or oriented gradually through different decisions of the Apex Court and it was held that interference with the freedom of a person at home or restriction imposed on a person while in jail would require authority of law. Whether the reasonableness of a penal law can be examined with reference to Article 19, was the point in issue after Gopalans case.

Keywords: Article-21, Right to Information, Dignity