International Journal of Law

Authors
Dr. Gyanendra Kumar Sahu

Abstract
The framers of Indian constitution were deeply influenced by the international document i.e. Universal Declaration of Human Right (UDHR) 1948 which had a great impact on the drafting of Indian constitution. The Article 9 of UDHR provides for ‘protection of life and personal liberty’ of every person. As India was signatory to the declaration, the constituent Assembly adopted the similar provision as a fundamental right therein. The Hon’ble Supreme Court observed that the UDHR may not be a legally binding instrument but it show how Indian understood the nature of Human Rights at the time when Constitution was adopted. Article 21 is the celebrity provision of the Indian Constitution and occupies a unique place as a fundamental right. It guarantees right to life and personal liberty to citizens and aliens and is enforceable against state.