Evolution of Right to Life and Personal Liberty: Vertical to Horizontal Claims of Fundamental Rights

Abstract

The evolution of the right to life and personal liberty represents a significant transformation in constitutional and human rights jurisprudence, particularly in adapting to the changing contours of power and authority in modern society.  This paper explores the evolving interpretation of the "right to life" and "personal liberty," with a particular focus on Article 21 of the Indian Constitution. Traditionally applied vertically—restricting state actions—these rights have expanded in scope to address threats from powerful non-state actors such as corporations and digital platforms. The shift from a narrow procedural view to a broader, substantive understanding now includes rights to dignity, privacy, and socio-economic entitlements. The study examines how Indian courts have played a pivotal role in reinterpreting these rights and promoting their horizontal application. This emerging jurisprudence seeks to bind private actors to constitutional norms, recognizing that modern power structures extend beyond the state.The research concludes that the horizontal application of fundamental rights is essential for ensuring their effective protection in contemporary society.