Q. “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. (250 words, 15 marks)
Why the Question?
UPSC PYQ – CSE Mains – 2023
Keywords of the Question
- Constitution of India
- Living instrument
- Enormous dynamism
- Progressive society
- Expanding horizons of the right to life and personal liberty
Directive Word
Illustrate – A similar instruction to ‘explain’ whereby you are asked to show the workings of something, making use of definite examples and statistics if appropriate to add weight to your explanation.
How to approach this Question?
Introduction
- Define the Constitution of India as a living instrument.
- Mention its enormous dynamism and adaptability.
- Introduce the concept of a progressive society.
- Briefly mention Article 21 (Right to Life and Personal Liberty).
Body
- Dynamism of the Indian Constitution:
- Discuss the amendment process and its role in adapting to societal changes.
- Mention landmark cases like Kesavananda Bharati vs. State of Kerala (Basic Structure Doctrine).
- Expanding Horizons of Article 21:
- Right to Privacy: Reference the Justice K.S. Puttaswamy case.
- Right to Shelter: Mention the Rajesh Yadav vs. State of UP case.
- Transgender Rights: Highlight the NALSA vs. Union of India case.
- Right to Die with Dignity: Discuss the Common Cause vs. Union of India case.
Conclusion
- Summarize the progressive nature of the Indian Constitution.
- Reiterate the importance of Article 21 in reflecting the Constitution’s dynamism.
- Conclude with a statement on the Constitution’s role in a progressive society.
Note: Please note that the following ‘answers’ are not ‘model answers’ nor are they synopses in the strictest sense. Instead, they are content designed to meet the demands of the question while providing comprehensive coverage of the topic.
Answer Key
Introduction
The Constitution of India is often described as a living instrument due to its ability to adapt and evolve with changing times. This enormous dynamism ensures that it remains relevant and effective in addressing contemporary issues, thereby fostering a progressive society. One of the most significant examples of this adaptability is the expanding interpretation of Article 21, which guarantees the Right to Life and Personal Liberty.
Body
Enormous Dynamism:
- Preamble
- Amended in 1976 during the 42nd Constitutional Amendment.
- Incorporated the words ‘Secular’ and ‘Socialist’.
- Reaffirmed the commitment to a secular ethos and a welfare state.
- Fundamental Rights
- Expanded through innovative judicial interpretations.
- Example: Maneka Gandhi vs. Union of India case expanded Article 21 to include various rights, emphasizing its vast nature.
- Judicial Review
- Landmark judgments like Kesavananda Bharati vs. State of Kerala.
- Reiterated judiciary’s power to review and nullify amendments infringing on the basic structure.
- Flexible Amendment Procedure – 101st Amendment: Introduced GST to streamline India’s tax structure and facilitate a unified market.
- Advisory Jurisdiction 2004: President sought Supreme Court’s opinion on the constitutional validity of the Bihar Assembly’s dissolution, showcasing the dynamic interplay between the Executive and Judiciary.
- 44th Amendment: Introduced safeguards post the 1975-77 Emergency to prevent misuse of emergency provisions.
This dynamism allows the Constitution to address new challenges and societal changes, reflecting its progressive nature.
Progressive nature:
- Right to Education – 86th Amendment (2002): Inserted Article 21A, affirming the right to education for children aged 6 to 14, promoting educational inclusivity.
- Navtej Singh Johar vs Union of India case (2018): Decriminalized homosexuality, adapting to evolving human rights standards and promoting inclusivity.
- LPG Reforms (1991): Liberalization, privatization, and globalization opened up the Indian economy, inviting foreign investments and fueling growth.
- Vishaka guidelines (Vishaka vs State of Rajasthan, 1997): Established norms for preventing sexual harassment at the workplace, illustrating the judiciary’s proactive role in safeguarding personal liberties.
Expanding Horizons of Article 21:
- Right to Privacy: The Justice K.S. Puttaswamy case (2017) expanded Article 21 to include the Right to Privacy as an intrinsic part of the Right to Life and Personal Liberty.
- Right to Shelter: In the Rajesh Yadav vs. State of UP case, the Supreme Court recognized the Right to Shelter as a fundamental right under Article 21.
- Transgender Rights: The NALSA vs. Union of India case (2014) affirmed the rights of transgender individuals, recognizing their right to self-identify their gender, thus expanding the scope of personal liberty.
- Right to Die with Dignity: The Common Cause vs. Union of India case (2018) recognized the Right to Die with Dignity, allowing passive euthanasia under strict guidelines.
- Right to Livelihood: In the Olga Tellis vs Bombay Municipal Corporation case (1985), the Supreme Court ruled that the right to livelihood is included under the right to life, thereby protecting an individual’s dignity and means of living.
- Right to Internet: In the Anuradha Bhasin vs Union of India case (2019), the Supreme Court recognized access to the internet as a fundamental right, highlighting the need to adapt constitutional rights to modern realities.
Conclusion
The progressive nature of the Indian Constitution is evident in its ability to expand and adapt to new realities. Article 21 serves as a prime example of this dynamism, reflecting the Constitution’s commitment to protecting and enhancing the rights of individuals. This adaptability ensures that the Constitution remains a cornerstone of a progressive society, capable of addressing contemporary challenges while upholding fundamental rights.