Punjab & Haryana High Court, Chandigarh
CitationAIR 1986 SC 180, (1985) 3 SCC 545
CourtSupreme Court of India (Constitution Bench)
Date10 July 1985
Year1985
BenchY.V. Chandrachud CJ, S.M. Fazl Ali, V.D. Tulzapurkar, O. Chinnappa Reddy, A. Varadarajan JJ.
Acts/ArticlesArticle 21, Article 19(1)(g)
CategoryConstitutional Law

Key Principle Established

Right to livelihood is an integral part of the right to life under Article 21. Pavement dwellers cannot be evicted without due process and alternative arrangements.

Brief Facts

The Bombay Municipal Corporation ordered mass eviction of pavement and slum dwellers. Lakhs of persons who lived on pavements challenged this as violative of their fundamental right to livelihood.

Ratio Decidendi

The Constitution Bench held that right to livelihood is part of Article 21. Since pavement dwellers live where they work, evicting them deprives them of their livelihood. While the right is not absolute, eviction cannot be carried out without following due process and providing reasonable notice.

Impact & Significance

The Pavement Dwellers Case remains the foundational judgment on right to livelihood and urban poor rights. It has been cited in every subsequent case involving slum demolition and eviction of the urban poor.

Tags & Related Topics

Constitutional Law Article 21 Article 19(1)(g)
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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