• Title of article

    Right to Life as Basic Structure of Indian Constitution

  • Author/Authors

    Ullah, Aman University of the Punjab - Law College, Pakistan , Uzair, Samee University of the Punjab - Law College, Pakistan

  • From page
    393
  • To page
    399
  • Abstract
    Right to life in the British India was not guaranteed as a constitutional right. However, its demand was tremendous. After Independence, it was incorporated in the Constitution under Article 21. However, it was not an absolute fundamental right, but could be taken away by an ordinary legislation. In early judicial challenges, it could not be recognized as a part of basic structure. Life, under right to life, was literally interpreted as a vegetative or an animal life. However, Maneka Gandhi case was a big bang in its evolutionary history, wherein the Supreme Court of India distinguished human life with an animal life, and held that it included all amenities necessary for human dignity. After recognition of the basic structure of the Constitution, it was also accepted as a part of the basic structure, which could not be taken away even by a constitutional amendment.
  • Keywords
    Right to life , Basic Structure of Constitution , Article 21 , Indian Constitution , Fundamental Right
  • Journal title
    South Asian Studies: A Research Journal of South Asian Studies
  • Journal title
    South Asian Studies: A Research Journal of South Asian Studies
  • Record number

    2550521