Podcast
Questions and Answers
Which of the following scenarios would be considered a violation of Article 21, based on the Supreme Court's interpretation?
Which of the following scenarios would be considered a violation of Article 21, based on the Supreme Court's interpretation?
- A state government denies a citizen access to clean drinking water due to resource scarcity.
- A citizen is detained by the police under a valid law, but the detention procedure is not followed correctly. (correct)
- A private hospital refuses treatment to a patient who cannot afford to pay for medical services.
- A law is enacted that restricts freedom of movement to maintain public order, and is applied fairly.
In the context of Article 21, what distinguishes the Maneka Gandhi vs. Union of India case from the A.K. Gopalan vs. State of Madras case?
In the context of Article 21, what distinguishes the Maneka Gandhi vs. Union of India case from the A.K. Gopalan vs. State of Madras case?
- The _A.K. Gopalan_ case allowed for judicial review of laws for fairness, whereas the _Maneka Gandhi_ case only considered whether there was a law in place.
- The _Maneka Gandhi_ case limited the definition of 'life' to mere physical existence, whereas the _A.K. Gopalan_ case considered a broader interpretation.
- The _Maneka Gandhi_ case expanded the scope of Article 21 to include protection against arbitrary legislative action, whereas the _A.K. Gopalan_ case focused on executive action. (correct)
- The _A.K. Gopalan_ case introduced the concept of 'procedure established by law,' whereas the _Maneka Gandhi_ case focused on ‘due process’.
A person is suffering from a terminal illness and is in constant pain. Considering the legal position on euthanasia in India, what action would be permissible?
A person is suffering from a terminal illness and is in constant pain. Considering the legal position on euthanasia in India, what action would be permissible?
- Administering a lethal injection with the patient's consent.
- Providing the patient with medication to end their own life.
- Withdrawing mechanical ventilation with the consent of the family and under strict guidelines from the high court. (correct)
- A doctor directly ending the patient's life without consent, considering the severity of the suffering.
Which of the following scenarios best exemplifies the 'right to life' as interpreted by the Supreme Court of India under Article 21?
Which of the following scenarios best exemplifies the 'right to life' as interpreted by the Supreme Court of India under Article 21?
How does the concept of 'procedure established by law' act as a safeguard against potential state overreach concerning personal liberty?
How does the concept of 'procedure established by law' act as a safeguard against potential state overreach concerning personal liberty?
A new law is enacted that allows the state to monitor the phone calls of citizens suspected of minor offenses without prior judicial approval. Based on precedents related to Article 21, what would be a valid legal challenge to this law?
A new law is enacted that allows the state to monitor the phone calls of citizens suspected of minor offenses without prior judicial approval. Based on precedents related to Article 21, what would be a valid legal challenge to this law?
A foreign tourist is arrested for violating a local law. They argue that Article 21 should protect them. How does Article 21 apply in this situation?
A foreign tourist is arrested for violating a local law. They argue that Article 21 should protect them. How does Article 21 apply in this situation?
In a scenario where a law permits the detention of individuals without informing them of the grounds for arrest, how would this law be assessed in light of Article 21?
In a scenario where a law permits the detention of individuals without informing them of the grounds for arrest, how would this law be assessed in light of Article 21?
A state government, facing a severe budget crisis, decides to shut down all public libraries to save money. How might this decision be challenged under Article 21?
A state government, facing a severe budget crisis, decides to shut down all public libraries to save money. How might this decision be challenged under Article 21?
How did the P. Rathinam vs. Union of India case and Gian Kaur vs. State of Punjab contribute to the understanding and application of Article 21?
How did the P. Rathinam vs. Union of India case and Gian Kaur vs. State of Punjab contribute to the understanding and application of Article 21?
Flashcards
Article 21
Article 21
Guarantees the protection of life and personal freedom to all individuals, including non-citizens.
Right to Life
Right to Life
Extends beyond mere survival to include the essentials for a dignified existence.
Restriction of Rights
Restriction of Rights
The state can impose legal restrictions, provided they adhere to a legally established procedure.
Protection Against Arbitrary Actions
Protection Against Arbitrary Actions
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Maneka Gandhi vs. Union of India
Maneka Gandhi vs. Union of India
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Active Euthanasia
Active Euthanasia
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Passive Euthanasia
Passive Euthanasia
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Study Notes
- Article 21 safeguards the right to life and personal liberty for everyone, including non-citizens
Right to Life
- Right to life goes beyond basic survival; ensures a life of dignity and respect
- Encompasses all necessities for a dignified life which include rights such as health, free legal aid, travel, and information
Personal Liberty
- The state can restrict these rights through law
- This is subject to "procedure established by law"
- Individuals can challenge state actions violating these procedures in Supreme Court
- Protects against arbitrary executive actions
- State actions must be law-abiding
- Laws can be challenged for fairness; laws must be reasonable
Key Judgments
- A.K. Gopalan vs. State of Madras (1950): emphasized protection against arbitrary executive action, but laws themselves could be followed without deeper scrutiny.
- Maneka Gandhi vs. Union of India case: laws must be just, fair, and reasonable; protects against both arbitrary legislative and executive actions
- P. Rathinam vs. Union of India case & Gian Kaur vs. State of Punjab: validated scrutiny of laws for fairness
Euthanasia
- Active Euthanasia involves administering a substance to end life
- Passive Euthanasia involves removing life support.
- Active euthanasia is illegal in India.
- Passive euthanasia was legalized in India in 2018.
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