UPSC MainsGENERAL-STUDIES-PAPER-II202315 Marks250 Words
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Q11.

“The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to life and personal liberty.

How to Approach

This question requires a demonstration of understanding of the dynamic nature of the Indian Constitution and how judicial interpretations have expanded fundamental rights, particularly Article 21 (Right to Life and Personal Liberty). The answer should focus on landmark judgments that have broadened the scope of this right. A chronological approach, highlighting key cases, would be effective. Structure the answer with an introduction defining the 'living instrument' concept, a body detailing the expansion of Article 21, and a conclusion emphasizing the Constitution’s adaptability.

Model Answer

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Introduction

The Constitution of India, adopted in 1950, is often described as a ‘living instrument’ due to its inherent flexibility and capacity to adapt to changing societal needs and values. This dynamism stems from its provisions for amendment, coupled with a robust judicial review mechanism. The Supreme Court, through its interpretations, has significantly expanded the scope of fundamental rights, particularly Article 21 – the right to life and personal liberty – transforming it from a narrow definition to encompass a wide range of rights essential for a dignified human existence. This evolution reflects the Constitution’s commitment to a progressive society, constantly striving for justice, liberty, equality, and fraternity.

Expanding Horizons of Article 21

Initially, Article 21 was interpreted restrictively, focusing solely on physical existence. However, through a series of landmark judgments, the Supreme Court has broadened its scope considerably.

Early Interpretations & Procedural Safeguards

The initial focus was on ensuring procedural fairness. The Maneka Gandhi v. Union of India (1978) case was pivotal. The Court held that Article 21 not only protects life but also personal liberty, and this liberty cannot be curtailed except according to ‘just, fair and reasonable procedure established by law.’ This introduced the concept of procedural due process, moving away from the earlier ‘procedure established by law’ standard.

Right to Livelihood & Dignified Life

The Court further expanded Article 21 to include the right to livelihood as an integral part of the right to life. In Olga Tellis v. Bombay Municipal Corporation (1985), the Court ruled that the right to livelihood is essential for a life with dignity and cannot be arbitrarily deprived. This case highlighted the importance of protecting the means of survival for marginalized sections of society.

Environmental Rights & Health

Recognizing the link between a healthy environment and the right to life, the Court has included environmental protection within the ambit of Article 21. Cases like M.C. Mehta v. Union of India (1987), concerning pollution control, demonstrate this. Similarly, the right to health has been recognized as a fundamental right under Article 21, obligating the state to provide adequate healthcare facilities. Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) emphasized the state’s duty to maintain public health.

Right to Education & Information

The right to education was initially recognized as a directive principle, but the 86th Amendment Act (2002) made it a fundamental right under Article 21A. The Court has also held that the right to information is an integral part of the right to life and personal liberty, enabling citizens to participate meaningfully in democratic processes. SP Gupta v. Union of India (1982), while later partially overruled, initially contributed to this understanding.

Personal Autonomy & Bodily Integrity

Recent judgments have focused on personal autonomy and bodily integrity. The K.S. Puttaswamy v. Union of India (2017) case declared the right to privacy a fundamental right, stemming from Article 21. This landmark judgment has far-reaching implications for data protection and individual freedoms. Furthermore, the decriminalization of Section 377 of the Indian Penal Code (Navtej Singh Johar v. Union of India, 2018) affirmed the right to personal choice and dignity, again rooted in Article 21.

Right to Die with Dignity & Passive Euthanasia

The Court has also addressed end-of-life issues, recognizing the right to die with dignity under Article 21. In Common Cause v. Union of India (2018), the Court legalized passive euthanasia under strict guidelines, allowing individuals to refuse life-sustaining treatment in certain circumstances.

Case Name Year Key Principle Established
Maneka Gandhi v. Union of India 1978 Procedural Due Process under Article 21
Olga Tellis v. Bombay Municipal Corporation 1985 Right to Livelihood as part of Right to Life
K.S. Puttaswamy v. Union of India 2017 Right to Privacy as a Fundamental Right
Common Cause v. Union of India 2018 Legalization of Passive Euthanasia

Conclusion

The expanding horizons of Article 21 demonstrate the Constitution’s remarkable capacity for adaptation and its commitment to a progressive society. The Supreme Court, through its dynamic interpretations, has transformed this fundamental right into a powerful instrument for social justice and individual empowerment. This ongoing evolution underscores the Constitution’s status as a ‘living instrument,’ capable of responding to the changing needs and aspirations of the Indian people, ensuring a life of dignity and liberty for all. The future will likely see further expansion of Article 21, addressing emerging challenges and safeguarding fundamental human rights in a rapidly evolving world.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Procedural Due Process
A legal requirement that the government must follow fair procedures when depriving a person of life, liberty, or property. It emphasizes the 'how' of government action, ensuring fairness and reasonableness.
Personal Liberty
Encompasses a wide range of freedoms, including freedom of movement, speech, association, and the right to make personal choices without undue interference from the state.

Key Statistics

As of 2023, India has over 1.4 billion people, making the protection of fundamental rights, including Article 21, crucial for a large and diverse population.

Source: United Nations Population Fund (UNFPA), 2023

According to the National Crime Records Bureau (NCRB) data (2022), there were 4.6 million cognizable crimes reported in India, highlighting the importance of protecting personal liberty and ensuring access to justice.

Source: National Crime Records Bureau (NCRB), 2022

Examples

Right to Education

The implementation of the Right to Education Act, 2009, stemming from the 86th Amendment, has led to increased enrollment rates in schools, particularly among marginalized communities, demonstrating the practical impact of expanding Article 21A.

Frequently Asked Questions

Can Article 21 be suspended during a national emergency?

While Article 21 cannot be suspended even during a national emergency (as per the Kesavananda Bharati case, 1973), the state can impose reasonable restrictions on it, provided they are prescribed by law and are in the interest of public order, among other grounds.

Topics Covered

PolityConstitutional LawFundamental RightsJudicial ReviewConstitutionalism