Case Comment: Common Cause v. Union of India, (2018) 5 SCC 1

"I am the master of my fate; I am the captain of my soul": - William Ernest Henley. "Life sans dignity is an unacceptable defeat, and life that meets death with dignity is a value to be aspired to and a moment for celebration." - Dipak Misra, C.J.I. With the march of law, the concept of ‘individual autonomy’ has gained much significance. It has been recognised as an essential aspect of human dignity across various jurisdictions. The Supreme Court of India firmly believes in guaranteeing life and personal liberty under Article 21 through the privacy-dignity-autonomy matrix propounded in the Puttaswamy judgment. Individual autonomy has various aspects, including living and dying. It is a facet of Article 21. Like a ship in an uncharted sea, the Constitutional Bench of the Supreme Court of India in the Common Cause (2018) case has undertaken the Herculean task of declaring the right to death with dignity as a fundamental right, an integral part of the right to dignified life under Article 21 of the Indian Constitution. It has enabled people to draw living wills and attorney authorisations that would be indicative of a person's choice to discontinue treatment if they are in a terminally ill or permanent vegetative state. Relying on the principle of ‘best interest of the patient,’ the Court has provided stringent safeguards with respect to the execution of such wills and authorisations, to prevent any possible misuse. This paper comments on the decided case of Common Cause v. Union of India.