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Right to Livelihood: A Fundamental Aspect of Article 21

The Right to Livelihood is a crucial component of the Right to Life under Article 21 of the Indian Constitution. The Supreme Court has consistently recognized that the right to live with dignity includes the right to earn a livelihood, as no one can survive without the means to support themselves. This interpretation has evolved through landmark judgments that have expanded the scope of fundamental rights in India.


Constitutional Basis of Right to Livelihood

  1. Article 21 (Right to Life and Personal Liberty):

    • The Supreme Court has interpreted Article 21 to include the Right to Livelihood, affirming that the right to life is meaningless without the ability to earn a living.

  2. Article 39 (Directive Principles of State Policy):

    • Article 39(a) directs the State to ensure that men and women have the right to an adequate means of livelihood.

    • It emphasizes social and economic justice, although it is not justiciable (cannot be enforced by courts).


Key Supreme Court Judgments on Right to Livelihood

  1. Olga Tellis v. Bombay Municipal Corporation (1985):

    • Also known as the Pavement Dwellers Case, this judgment established that the Right to Livelihood is part of the Right to Life.

    • The Court ruled that evicting pavement dwellers without providing alternative housing violated their fundamental rights.

  2. M.J. Sivani v. State of Karnataka (1995):

    • The Court reiterated that Article 21 protects livelihood, emphasizing that the State cannot arbitrarily deprive individuals of their means of living.

  3. Ranveer Allahbadia Case (2024):

    • The Supreme Court recently allowed Ranveer Allahbadia to continue airing his programs, recognizing it as his sole source of livelihood.

    • This case reaffirms the Court’s commitment to protecting occupational rights under Article 21.


Significance of Right to Livelihood

  1. Human Dignity:

    • Ensures individuals can live with dignity by securing their economic independence.

  2. Social Justice:

    • Promotes equal access to livelihood opportunities, reducing economic disparities.

  3. Limitations on State Power:

    • The State cannot take arbitrary action that deprives citizens of their livelihood without due process.


Challenges in Ensuring Right to Livelihood

  1. Informal Sector Vulnerability:

    • Workers in the informal economy often lack legal protection despite the Court's rulings.

  2. State Restrictions:

    • Regulations for public safety and welfare may restrict livelihoods (e.g., street vendors, media platforms).

  3. Enforcement Gap:

    • While the Directive Principles guide the State, they are not enforceable in a court of law.


Way Forward

  1. Legislative Protection:

    • Enact stronger employment laws to safeguard livelihood rights across sectors.

  2. Judicial Oversight:

    • Ensure judicial review of State actions that impact citizens' right to livelihood.

  3. Social Welfare Policies:

    • Implement programs promoting sustainable employment and livelihood security.


UPSC Prelims Question

Consider the following statements regarding the Right to Livelihood in India:

  1. It is explicitly mentioned in Article 21 of the Indian Constitution.

  2. The Supreme Court has interpreted the Right to Livelihood as part of the Right to Life.

  3. The Directive Principles of State Policy also emphasize ensuring an adequate means of livelihood.

Which of the above statements is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2, and 3



UPSC Mains Question

Q. Discuss the evolution of the Right to Livelihood under Article 21 of the Indian Constitution. How have Supreme Court judgments expanded its scope, and what challenges remain in its effective enforcement?

(GS Paper 2 – Indian Constitution, Fundamental Rights)


 
 
 

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