Q12.“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.
Introduction
The Indian Constitution is a dynamic, living instrument, constantly evolving to meet societal needs. Its inherent flexibility, coupled with judicial interpretation, ensures its relevance for a progressive society.
The Constitution as a Living Instrument
This dynamism is primarily evident through its amendability and the Supreme Court's interpretative role, adapting constitutional provisions to contemporary challenges and human rights standards.
Expanding Horizons of Right to Life and Personal Liberty (Article 21)
Article 21, guaranteeing the Right to Life and Personal Liberty, exemplifies this dynamism. The Supreme Court, notably in the Maneka Gandhi case (1978), expanded 'procedure established by law' to include 'due process of law', ensuring fairness and reasonableness. This progressive interpretation has broadened Article 21 to encompass numerous unenumerated rights.
Key Expansions under Article 21
- Right to live with human dignity
- Right to a clean environment
- Right to livelihood
- Right to education
- Right to privacy
- Right to speedy trial
- Right to health
Conclusion
This continuous judicial expansion ensures a comprehensive and inclusive understanding of fundamental rights, affirming the Constitution's role as a truly progressive and adaptable document for India's evolving society.
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