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According to article
21, a person can be deprived of his life and personal liberty according to a procedure established by
law. Justice Iyer said, “the spirit of the man is at root of article 21. Personal liberty makes the worth of
human person and travel makes Liberty worthwhile.”
In Bandhua Mukti Morcha Vs. Union of India (1984 SC), Justice Bhagwati reiterated his view
and held that it is the fundamental right of every person in this country to live with human dignity
which is free from exploitation. This right to live with human dignity is enshrined under article 21
drives its life breath from the DPSP.
In Olga Tellis Vs. Bombay Municipal Corporation (1986 SC) court has observed that, “ one
aspect of the right to life an equally important facet of that right is the right to livelihood because,
no person can live without the means of living, that is, the means of livelihood.”
If the right to livelihood is not treated as part and parcel of the constitutional right to life, the easiest
way of depriving a person of his right to life would be to deprive him of his means of livelihood
to the point of abrogation.
Right to Education
Right to education is one of the most important aspect human beings without which no one can
lead good, decent and dignified life. Earlier, it was the part of Directive Principles of State Policy.
However as per the changing needs of the society Supreme Court in Mohini Jain Vs. State of
Karnataka (1992 SC) and Unni Krishna Vs. state of Andhra Pradesh (1993 SC) ruled that
right to education is a fundamental right as it directly flows from right to life.
Earlier the Court interpreted right to education under article 21 but in the year 2002, by
constitutional amendment, article 21-A was inserted to the Indian Constitution and right to
education was expressly made as a fundamental right.