Question.
"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.
(UPSC 2023 General Studies Paper 2 (Main) Exam, Answer in 150 words)
Answer.
The Indian constitution is indeed a living instrument as it has all the capabilities to evolve and capture the aspirations and progress of Indian society.
Article 368 ( Part XX) of the constitution empowers parliament to amend the constitution as needed and for the progress of society. However, as per the Keshwananda Bharti Case ( 1973), the Parliament can not amend the constitution which violates the basic structure of the parliament.
Article 21 protects the right the right to life and personal liberty. Our constitution and Supreme Court played important role in expanding the horizons of the right to life and personal liberty.
The following changes of Article 21 are visible:
Right to Privacy:
Supreme Court of India in Puttaswamy's ( 2017) judgment, recognized the right to privacy as a fundamental right under Article 21.
Decriminalization of Homosexuality:
In a historic judgment of Navtej Singh Johar (2018), the Court decriminalized consensual homosexual relationships, striking down the colonial-era section 377 of the Indian Penal Code.
Right to Dignified Death:
In 2018, the Supreme Court recognized the right to a dignified death as part of the right to life. It upheld passive euthanasia and the right of individuals to refuse medical treatment.
Right to Information:
The right to information, though not explicitly mentioned in Article 21. Supreme Court emphasized the importance of an informed citizen.
Healthy Environment:
The right to a clean and healthy environment has been recognized as an integral part of the right to life. Supreme Court Judgment emphasized the importance of protecting the environment for the well-being of present and future generations.
Right to Education:
The right to education is a fundamental right under Article 21.
In summary, the Constitution of India has demonstrated its dynamism by adapting to societal changes and expanding the horizons of the right to life and personal liberty. Judicial interpretations and decisions reflect a commitment to a progressive society, recognizing evolving concepts of autonomy, dignity, and individual freedoms. This dynamism is essential for ensuring that constitutional principles remain relevant and effective in addressing the needs of a changing and diverse society.
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