Que. “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.
“भारत का संविधान अत्यधिक गतिशीलता की क्षमताओं के साथ एक जीवंत यंत्र है। यह प्रगतिशील समाज के लिये बनाया गया एक संविधान है।” जीने के अधिकार तथा व्यक्तिगत स्वतंत्रता के अधिकार में हो रहे निरंतर विस्तार के विशेष संदर्भ में उदाहरण सहित व्याख्या कीजिए।
Structure of the Answer
(i) Introduction: Define the “Indian Constitution” as a dynamic “living instrument” crafted for a progressive society, reflecting evolving interpretations of “fundamental rights.”
(ii) Main Body: Illustrate the expanding scope of “right to life and liberty,” showcasing how the Constitution adapts to changing societal needs.
(iii) Conclusion: Emphasize the Constitution’s transformative adaptability, ensuring it remains relevant, just, and progressive for an evolving society.
Introduction
The “Indian Constitution” is a “living instrument” that embraces progress by continuously expanding the scope of “right to life and liberty,” aligning with societal changes and fostering inclusivity, dignity, and autonomy in a democratic framework.
Broadening Interpretation of the Right to Life
(i) Comprehensive Definition of Life: Life encompasses more than mere existence; it includes the “right to a dignified existence,” ensuring conditions that allow a meaningful, holistic life.
(ii) Right to Privacy: The “Puttaswamy judgment (2017)” declared privacy integral to “personal liberty,” safeguarding individuals against undue interference in personal spheres, fostering respect for autonomy.
(iii) Environmental Rights: Recognizing the right to a “clean and safe environment,” the judiciary has tied environmental protection to life, emphasizing sustainable development principles.
(iv) Right to Health and Medical Access: Health is viewed as essential for dignified life; judicial interventions ensure accessible healthcare, particularly for marginalized communities.
(v) Right to Livelihood: A dignified life includes the right to “livelihood,” allowing individuals economic security, self-sufficiency, and freedom from exploitation.
Expanding Scope of Personal Liberty
(i) Freedom from Arbitrary Detention: Personal liberty safeguards against “arbitrary detention” and ensures fair procedures, underscoring principles of “rule of law” and individual rights.
(ii) Freedom of Expression: Personal liberty extends to “freedom of speech and expression,” which empowers individuals to contribute to societal discourse, supporting democracy.
(iii) Educational Rights: The “Right to Education” underlines liberty’s role in enabling social mobility and informed citizenship, foundational for societal progress.
(iv) Reproductive and Marriage Choices: Personal liberty includes autonomy in “reproductive decisions” and marriage choices, protecting individuals from social or familial coercion.
(v) Freedom of Movement and Residence: The right to move and reside freely within India supports personal liberty, enabling a cohesive, interconnected society without restrictive barriers.
Dynamic Judicial Interpretation and Modern Applications
(i) Living Document Doctrine: As a “living document,” the Constitution evolves with time, empowering the judiciary to interpret its provisions to suit contemporary challenges.
(ii) Judicial Review and Activism: Expansive judicial review allows the courts to address new issues, keeping constitutional rights aligned with modern societal values and developments.
(iii) Recognition of Socio-economic Rights: Socio-economic rights, such as “housing, food security, and social welfare,” are protected under right to life, promoting a more equitable society.
(iv) Gender and LGBTQ+ Rights: Judicial developments have advanced “gender equality” and LGBTQ+ rights, recognizing personal dignity and inclusivity in line with modern views on identity.
(v) Digital Privacy and Internet Freedom: The judiciary has recognized “digital rights” as essential to personal liberty, addressing privacy, data protection, and access in the digital age.
Examples of Progressive Rights Expanding Social Horizons
(i) Environmental Justice: Judicial focus on “sustainable development” ensures that ecological integrity is safeguarded, balancing development needs with constitutional duty toward future generations.
(ii) Right to Information: By upholding “transparency,” the Right to Information promotes accountability and strengthens democracy, empowering citizens to engage with governance.
(iii) Anti-Discrimination Protections: Anti-discrimination efforts in education, employment, and public services reinforce equality, supporting an inclusive society.
(iv) Disability Rights and Accessibility: Recent mandates ensure equal access and opportunities for people with disabilities, underscoring a commitment to “equal participation” in all aspects of life.
(v) Protection Against Human Exploitation: The judiciary has strengthened laws against trafficking and bonded labor, reinforcing the Constitution’s stand on human dignity and protection against exploitation.
Conclusion
The “Indian Constitution,” a “living instrument,” dynamically expands to protect dignity, equality, and justice, adapting to societal advancements. Its evolving scope fosters an inclusive, progressive society, ensuring continued relevance and protection of “fundamental rights.”
