The Need for a Dynamic Jurisprudence of Right to “Life” Under Article 5(1) of the Federal Constitution

Abstract: Although “life” under Article 5(1) of the Federal Constitution is fundamental it was not clearly defined. Consequently, there is uncertainty on the ambit of this right in the Malaysian jurisprudence. Conversely, the Indian jurisprudence on right to “life” under Article 21 of the Constitution, which is equipollent to the Malaysian Article 5(1), is certain, and the judiciary had taken an active approach on the interpretation. Consequently, this broadens the ambit of fundamental rights. Hence, India is a source of reference in the adoption of a dynamic jurisprudence on right to “life”.