The Constitution of India is often described as a living instrument, reflecting the dynamic needs of a progressive society. Its interpretation has evolved, particularly regarding the expanding horizons of the right to life and personal liberty, which now encompass various socio-economic rights. This answer illustrates these developments.

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.

Model Answer:

Introduction

“The Constitution is not a mere lawyer's document, it is a vehicle of life, and its spirit is always the spirit of age.”

This quote encapsulates the essence of the question by highlighting the dynamic nature of the Constitution and its ability to adapt to the evolving needs of society.

Body

Constitutional Dynamism and the Expanding Horizons of the Right to Life and Personal Liberty

  • Right to Education (Unnikrishnan J.P. vs. State of Andhra Pradesh)
    • The court interpreted the right to life to include the right to education, making it a fundamental right. This decision paved the way for the subsequent constitutional amendment enshrining the right to education for children aged 6-14.
  • Right to Privacy (Justice K.S. Puttaswamy vs. Union of India)
    • The Supreme Court recognized the right to privacy as a fundamental right under Article 21. This decision marked a significant expansion of the concept of personal liberty and has far-reaching implications for issues like data protection and surveillance.
  • Right against Bonded Labour: The judgement in Bandhua Mukti Morcha vs. Union of India (1984)some text
    •  illuminated the Constitution's commitment to eliminating archaic and dehumanising practices, reinforcing its progressive essence.
  • Right to Food: 
    • In People's Union for Civil Liberties (PUCL) vs. Union of India (2001), the Court highlighted food as essential, reflecting the Constitution's living nature by addressing fundamental human rights
  • Right to Shelter (Chameli Singh vs. State of UP) 
    • The court recognized the right to shelter as a part of the right to life, emphasising the state's duty to provide affordable housing to its citizens. This decision has had a significant impact on housing policies and slum rehabilitation programs.
  • Right Against Torture (D.K. Basu vs. State of West Bengal)
    • The court laid down guidelines to prevent custodial torture, emphasizing the importance of human dignity and the inviolability of the person. This judgement has been instrumental in safeguarding the rights of detainees and prisoners. 
  • Right to Clean Environmentt
    • The judgement in C. Mehta vs. Union of India embedded environmental rights within Article 21, underlining the Constitution's dynamic response to environmental challenges.
  • Right to Livelihood
    • Olga Tellis vs. Bombay Municipal Corporation (1985) underlined the essentiality of livelihood, equating it with the right to life, showcasing the Constitution's adaptability to socio-economic realities.

Conclusion

As Justice Cardozo eloquently stated, "The Constitution is not a static document, given once and for all time, but a living organism." The Indian Constitution, through its ability to accommodate evolving societal values and aspirations, stands as a testament to this principle.

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