Quick Answer: Is Article 21 An Absolute Right?

What is Article 21 Right to life?

Article 21 of this part states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law”, and this is known as the Right to Life and Personal Liberty..

Is human right absolute?

Some human rights – like the right not to be tortured – are absolute. These ‘absolute’ rights can never be interfered with in any circumstances. But most human rights are not absolute. … For example, the Government may restrict the right to freedom of expression if a person is encouraging racial hatred.

Is right to privacy an absolute right?

Privacy is not absolute and cannot prevent the State from making laws imposing reasonable restrictions on citizens, the Supreme Court observed on Wednesday. It noted that ‘right to privacy’ was in fact too “amorphous” a term. The court said to recognise privacy as a definite right, it had to first define it.

What are the 11 fundamental rights?

Genesis. … Significance and characteristics. … Right to equality. … Right to freedom. … Right against exploitation. … Right to freedom of religion. … Right to life. … Cultural and educational rights.More items…

What are the 7 fundamental rights?

Seven fundamental rights were originally provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.

Which right Cannot be suspended?

During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution.

Is Article 21 a fundamental right?

The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees. … The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law.

Which human right is protected under Article 21?

Article 21 as the source of Substantive Rights “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Is Article 14 an absolute right?

Rights under Article 14 are absolute. These two fundamental rights are not exclusive to the citizens of India but to “any person”.

Is Article 24 absolute?

Article 17 (Abolition of Untouchability) and Article 24 (Prohibition of employment of children in factories, etc.) are the only absolute rights. … The Constitution of India contains provisions for automatic suspension of the Fundamental Rights under certain circumstances, as fore.

Which fundamental right is not for foreigners?

Fundamental Rights available to only citizens and not foreigners. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16). Six basic freedoms subject to reasonable restrictions (Article 19).

Is Article 20 suspended during emergency?

Several salutary changes were made in the emergency provisions, the most significant of which was the amendment made to Article 359 to the effect that fundamental rights guaranteed by Articles 20 and 21 of the Constitution could not be suspended during emergency by a Presidential Order under Article 359.

What does Article 21 say?

21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

Which fundamental rights are absolute?

Protection of life and personal liberty: Article 21 of the Indian constitution states that no individual can be deprived of his/her personal life or liberty except according to procedures laid down by the law. This is an absolute right and cannot be suspended during the time of emergency.

Can Article 21 be suspended?

Article 21 of the Indian Constitution can never be suspended. That is the factual position in law. Now is it or is it, not let the government give in writing.