The question (10 marks)
"Article 21 has travelled from a guarantee against executive lawlessness to the most expansive right in Part III." Trace this development from A.K. Gopalan through Maneka Gandhi to Puttaswamy, and explain the test a law must now satisfy before it may deprive a person of life or personal liberty.
MU essay pattern on Article 21; built on the Unit 2 chapter on Articles 20 to 22 and the Maneka Gandhi, Puttaswamy and D.K. Basu readings, gated on the DU LB-401 extracts, the KLE compilation and the fetched judgments.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Fundamental Rights I: State, Judicial Review, Equality, Freedoms, Life and Liberty of Constitutional Law – I.
Authorities you will need
- Article 21; Article 21A; Article 22
- A.K. Gopalan v State of Madras (1950)
- Kharak Singh v State of U.P. (1963)
- Maneka Gandhi v Union of India (1978)
- Francis Coralie; Olga Tellis (1985); D.K. Basu (1997)
- Justice K.S. Puttaswamy v Union of India (2017)
- Navtej Singh Johar (2018) and Joseph Shine (2018)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.