MIGP PYQs, PYQs Mains Question

Q.8 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-II:POLITY (UPSC CSE 2023)

Answer:

APPROACH AND STRUCTURE

THE INTRODUCTION: Write an introduction about the Indian Constitution.

THE BODY

- Then, explain the statement briefly.
- Then write about Art 21 and its expansion with the help of case laws.

THE CONCLUSION: Although the expansive interpretation of Article 21 have positive consequences for the citizens, mere declaration of rights may not be enough for their actual realization as can be seen in the judgement related to privacy.

THE INTRODUCTION:

The Indian Constitution is a product of deliberative and iterative exercise by the constituent assembly which was enacted after ransacking almost all known democratic constitutions. The Indian Constitution aims to bring social revolution as per Granville Austin while at the same time ensuring the unity and integrity of the nation are protected.

THE BODY:

The Indian Constitution nicely captures the need for individual advancement and community control. The Constitution of India is a transformative document that expands the scope of rights of individuals in Part III by virtue of giving an exalted position to the Indian judiciary. The interpretation given by the judiciary, especially the Supreme Court, to Article 21 has expanded and deepened the scope of the right to life and liberty. This is because the Constitution itself provides for progressive realization of rights of citizens by virtue of its flexibility, and the ideals and values enshrined in it.

Art 21 has been essentially conceived as a negative right if we go by the text of the article. Article 21 has been textually interpreted by the Supreme Court in the AK Gopalan case, where procedure established by law was given primacy. However, beginning from Maneka Gandhi case, the adoption of due process of law has widened the interpretation of Article 21. The court held that the ‘right to life’ as embodied in Article 21 is not merely confined to animal existence or survival . But it includes within its ambit the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living. It also ruled that the expression ‘Personal Liberty’ in Article 21 is of the widest amplitude and it covers a variety of rights that go to constitute the personal liberties of a man.

The Supreme Court has, thereafter, through its progressive jurisprudence widened the ambit of life and personal liberty by adopting a liberal and progressive interpretation. In fact, article 21 has become an umbrella right dealing with such aspects as dignity , privacy and other rights like:

1. Right to live with human dignity.

2. Right to decent environment including pollution free water and air and protection against hazardous industries.

3. Right to livelihood.

4. Right to privacy.

5. Right to shelter.

6. Right to health.

7. Right to free education up to 14 years of age.

8. Right to free legal aid etc.

Some of the important case laws in this regard are:

In Kharak Singh Vs.State of U.P	The Supreme Court examined the width, scope and content of expression ‘personal liberty’ and departed from the narrow interpretation. It held that ‘personal liberty’ is used in the Article as a comprehensive term to include within itself all the varieties of rights which go to make up the ‘personal liberties’ of man.
Olga Tellis Vs.Bombay Municipal Corporation	The Supreme Court held that the right to life under Article 21 of the Indian Constitution means the right to a life of dignity, which includes access to livelihood and shelter. It held, the right to life includes the right to live with human dignity and all that goes along with it, namely, the bare necessaries of life such as adequate nutrition, clothing and shelter.
Unni Krishnan Vs.State of A. P.	The Supreme Court held that the right to education is a fundamental right under Article 21, as it directly flows from the right to life.
Paschim Banga Khet mazdoor Samity Vs.State of West Bengal	While widening the scope of art 21 and the government’s responsibility to provide medical aid to every person in the country, the SC held that in a welfare state, the primary duty of the government is to secure the welfare of the people.
People Union for civil liberties v. Union of India	The court focused on the importance of the right to food and found mentioned in its judgment that without food, there is no meaning of the right to life. At the same time, it directed all state governments to ensure that all Public Distribution Shops are kept open with regular supplies. It fixed the prime responsibility of the government to prevent hunger and starvation by providing people access to food.

Puttaswamy 2017	The SC held that Right to Privacy is a fundamental right under Art 21 and elucidated on the four pillars of privacy and asked the govt to bring a law to protect privacy.
Navtej Johar 2018	The Court held that Section 377 violates human dignity, decisional autonomy and the fundamental right to privacy. Every individual has the liberty to choose their sexual orientation, seek companionship and exercise it within their private space. As Section 377 inhibits the exercise of personal liberty to engage in voluntary sexual acts, it violates Article 21.
Satender Kumar Antil Vs CBI,Shaheen Abdullah, Bansal Vs ED etc	These cases have dealt with the power of investigative agencies to detain, arrest and prosecute the individuals. The SC has limited the power of these agencies, including the police, by providing procedures for arrest, bail and other aspects related to individual liberty.

The Constitution is a living document responding to the changing demands of time, and Judicial review is a basic structure of the Constitution. The supreme court has expanded the horizon of a negative right and the article 21 was converted into an umbrella right and as virtually housed the DPSP. Article 21 interpretation by the SC has resulted in reading life and liberty into areas like health, education, environment, human rights , sexual autonomy, privacy and others.

THE CONCLUSION:

Although the expansive interpretation of Article 21 have positive consequences for the citizens, mere declaration of rights may not be enough for their actual realization as can be seen in the judgement related to privacy. The other organs of the state need to implement the orders and directions of the court in letter and spirit. But at the same time the court must be vary of not entering into the legislative and policy domain in order to maintain dedicate balance of power as it has done in Same Sex Marriage case.

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GS-II- POLITY

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