QUES . “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 GS MAINS PAPER 2, 15 Marks, 250 Words
HINTS:
Indian constitution is a document which instead of being just a text, has adapted to the nation’s evolving needs and thus established itself as a living document. It has been continuously expanding its scope to identify new human rights in its fold. Evolution of Article 21 is the most appropriate example of this.
Constitutional dynamism and the expanding horizons of the Right to Life and Personal Liberty
Right to Live with Dignity: In Maneka Gandhi vs. Union of India (1978), the court expanded the concept of life beyond mere existence to living with dignity, reflecting the Constitution’s progressive nature.
Right against Bonded Labour: The judgment in Bandhua Mukti Morcha vs. Union of India (1984) illuminated the Constitution’s commitment to eliminating archaic and dehumanizing practices, reinforcing its progressive essence.
Must read: Right of movement and residence
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 socioeconomic realities.
Right to Clean Environment: The judgment in M.C. Mehta vs. Union of India(1986) embedded environmental rights within Article 21, underlining the Constitution’s dynamic response to environmental challenges.
Right to Shelter: Shantistar Builders vs. Narayan Khimalal Totame (1990) affirmed shelter as integral to the right to life, showcasing the Constitution’s evolution in recognizing basic human needs.
Must read: Right to Equality
Right to Health: Through State of Punjab vs. Mohinder Singh Chawla (1997), the judiciary recognized health as crucial to life, reflecting a progressive approach to societal well-being.
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.
Must read: Right to Privacy
Right to Privacy: With Justice K.S. Puttaswamy (Retd.) vs. Union Of India (2017), the Court integrated privacy within Article 21, adapting to contemporary challenges and societal demands.
Right to die with dignity: Common cause case (2018) legalising passive euthanasia under Article 21.
Article 21 is not merely confined to animal existence or survival, but also includes the right to live with human dignity and those aspects of life which make man’s life meaningful, complete and worth living. Personal Liberty in Article 21 is of the widest amplitude, and it covers a variety of rights that constitute the personal liberties of a man.
External link: https://www.lkouniv.ac.in/site/writereaddata/siteContent/202003281533580196varun_Right_to_Life.pdf
