"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.
The Constitution of India truly stands as a remarkable 'living instrument', possessing an innate dynamism that allows it to evolve with the changing needs of a progressive society. Unlike a rigid, static document, its inherent flexibility and the judiciary's interpretative prowess have enabled it to respond to new challenges and aspirations, continually expanding the canvas of fundamental rights.
Nowhere is this more evident than in the expansive interpretation of Article 21, which guarantees the "right to life and personal liberty." Initially, this right was narrowly construed, primarily protecting against arbitrary deprivation of life or physical liberty. However, landmark judgments have dramatically broadened its scope. The Maneka Gandhi case (1978) was a turning point, establishing that "procedure established by law" must be fair, just, and reasonable, not arbitrary. This opened the floodgates for judicial activism.
Subsequently, the Supreme Court has read numerous unenumerated rights into Article 21. These include the right to live with human dignity, encompassing basic necessities like food, water, and shelter; the right to a clean environment, vital for a healthy existence; the right to livelihood, preventing arbitrary deprivation of means of sustenance; and the right to privacy, recognized as an inherent aspect of personal liberty. Further additions include the right to speedy trial, right to health, right to education (even before Article 21A), and the right to sleep.
This continuous judicial interpretation ensures that the Constitution remains relevant, protecting citizens from emerging forms of oppression and responding to societal advancements. It transforms Article 21 from a mere negative restraint on the state to a positive obligation, compelling the state to ensure conditions conducive to a dignified life, thus truly making the Constitution a dynamic blueprint for a progressive and just society.
Answered By:
Examine the need for electoral reforms as suggested by various committees with particular reference to "one nation one election" principle.
Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases?
"The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate.
"The duty of the Comptroller and Auditor General is not merely to ensure the legality of expenditure but also its propriety.” Comment.
Public charitable trusts have the potential to make India's development more inclusive as they relate to certain vital public issues. Comment.
Analyse the role of local bodies in providing good governance at local level and bring out the pros and cons merging the rural local bodies with the urban local bodies.
Poverty and malnutrition create a vicious cycle, adversely affecting human capital formation. What steps can be taken to break the cycle?
The Doctrine of Democratic Governance makes it necessary that the public perception of the integrity and commitment of civil servants becomes absolutely positive. Discuss.
The West is fostering India as an alternative to reduce dependence on China's supply chain and as a strategic ally to counter China's political and economic dominance.' Explain this statement with examples.
Critically analyse India's evolving diplomatic, economic and strategic relations with the Central Asian Republics (CARs) highlighting their increasing significance in regional and global geopolitics.
Examine the need for electoral reforms as suggested by various committees with particular reference to "one nation one election" principle.
Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases?
"The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate.
"The duty of the Comptroller and Auditor General is not merely to ensure the legality of expenditure but also its propriety.” Comment.
Public charitable trusts have the potential to make India's development more inclusive as they relate to certain vital public issues. Comment.