“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.

GS 2
Indian Polity
2023
10 Marks

Subject: Indian Polity

The Indian Constitution, often described as a living document, has demonstrated remarkable adaptability through judicial interpretation and constitutional amendments, particularly evident in the expanding scope of Article 21. The constitutional framework's dynamic nature reflects its responsiveness to evolving societal needs and aspirations.

Expanding Horizons of Right to Life and Personal Liberty

Judicial Interpretation and Evolution

  • The Supreme Court has progressively interpreted Article 21 to include various dimensions of human life, extending beyond mere physical existence.
  • In the recent case of Supriyo Chakraborty v. Union of India (2023), while the court maintained that marriage is a social custom rather than a fundamental right, it affirmed the right to choose a life partner as integral to Article 21.
  • The judiciary has consistently expanded the scope to include rights essential for a dignified life.

Essential Services and Quality of Life

  • The interpretation now encompasses access to basic necessities including:
    • Right to healthcare and medical assistance.
    • Right to education and development.
    • Right to clean environment and pollution-free surroundings.
    • Right to privacy and personal dignity.

Social Justice and Welfare

  • The expansive interpretation has strengthened social justice by:
    • Protecting vulnerable sections through public interest litigation.
    • Ensuring access to legal aid and speedy trial.
    • Safeguarding against arbitrary state action.
    • Upholding human dignity in all spheres of life.

Contemporary Challenges and Adaptations

  • Recent developments in areas like:
    • Digital privacy and data protection.
    • Environmental protection through judicial intervention.
    • Healthcare access during emergencies.
  • These demonstrate the Constitution's ability to address modern challenges while preserving fundamental rights.

The Constitution's progressive nature, particularly through the expanding scope of Article 21, continues to serve as a guardian of citizens' rights while adapting to contemporary challenges. This dynamic interpretation ensures that constitutional provisions remain relevant and effective in protecting fundamental rights in an evolving society, exemplified by landmark judgments like M.C. Mehta (environmental protection) and K.S. Puttaswamy (right to privacy).

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