Expansion of Article 21: A Critical Analysis of Parliament's role in the protection of Fundamental Rights

Publication Details

Publication Date

10/08/2026

Volume / Issue

Vol 1, Issue 3 (2026)

Article No.

024

Journal

British Journal of Contemporary Research

DOI

https://doi.org/10.67693/BJCR-TGYVUA43

Received

23 Jul 2026

Views

43

Downloads

15

Abstract

One of the most important rights is enshrined in Article 21 of the Indian Constitution which deals mainly with the protection of individual rights and dignity. It applies to both citizens and non-citizens. This paper explores the role of judicial activism in the expansion of the right to life and individual freedom. The analysis shows how the judiciary has expanded Article 21 from a narrowly defined right to a broad guarantee including privacy, education, health, livelihood, dignity and a clean environment. The study uses a qualitative research method and relies on secondary sources, such as constitutional provisions, important Supreme Court judgements, books, and Articles. It also discusses the role of Parliament in the development of these rights through the use of judicial activism, constitutionalism and separation of powers. The findings of this study have concluded that when the legislature was inactive, the judiciary steps in through judicial activism, which in some extend violate the principle of democracy. However, in order to maintain constitutional equilibrium and to protect democratic principles, the involvement of legislature is essential for the protection of fundamental rights.

License

This article is published under the Creative Commons Attribution 4.0 International License . Free to read, share, and adapt with attribution.