Right to Life as Basic Structure of Indian Constitution

Right to life in the British India was not guaranteed as a constitutional right. However, its demand was tremendous. After Independence, it was incorporated in the Constitution under Article 21. However, it was not an absolute fundamental right, but could be taken away by an ordinary legislation. In early judicial challenges, it could not be recognized as a part of basic structure. Life, under right to life, was literally interpreted as a vegetative or an animal life. However, Maneka Gandhi case was a big bang in its evolutionary history, wherein the Supreme Court of India distinguished human life with an animal life, and held that it included all amenities necessary for human dignity. After recognition of the basic structure of the Constitution, it was also accepted as a part of the basic structure, which could not be taken away even by a constitutional amendment.