The Expanding Horizon of Article 21: Constitutional Transformation or Judicial Overreach?

Article 21 of the Constitution of India has evolved from an innocuous provision guaranteeing life and personal liberty to a catch all entry entrenching various substantive rights. Since Maneka Gandhi v Union of India, the interpretation of Article 21 has been expanded to encompass dignity, privacy, livelihood, health, education, environment and individual autonomy. While the expansion of rights under Article 21 reflects the adaptability and dynamism of the Constitution, it provokes questions of judicial activism, separation of power and judicial overreach. This research traces the evolutionary trajectory of Article 21 through various judicial pronouncements and evaluates through selected Supreme Court decisions, if the expansion of Article 21 represents a legitimate constitutional transformation or judicial law-making. A discussion around emerging issues concerning digital privacy and technology autonomy is also undertaken. The study suggests a Constitutional Nexus Test to assess the boundaries of judicial expansion while ensuring the transformative jurisprudence of Article 21.