Q. “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.

Model Answer: 

Constitution of India

The Indian Constitution’s dynamism is exemplified by the judicial expansion of Article 21, which guarantees the right to life and personal liberty. This evolution reflects the document’s adaptability to the needs of a progressive society, transforming a once narrowly interpreted clause into a wellspring of fundamental rights.

Initially confined to protecting physical liberty, Article 21’s scope has been dramatically broadened through judicial interpretation. The Supreme & High Courts, through landmark judgments, has redefined “life” to encompass quality of life, thus expanding the article’s purview to include numerous implicit rights.

Subsequently, the Court has read several implicit rights into Article 21:

1. Right to Health: In Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), the Court held that the right to health is integral to the right to life.

2. Right to Education: Prior to becoming a fundamental right under Article 21A, the right to education was read into Article 21 in Mohini Jain v. State of Karnataka (1992).

3. Right to Clean Environment: In M.C. Mehta v. Union of India (1988), the Court interpreted the right to life to include the right to a clean environment.

4. Right to Privacy: In Justice K.S. Puttaswamy v. Union of India (2017), the Court declared privacy as a fundamental right, addressing contemporary concerns in the digital age.

5. Right to Speedy Trial: In Hussainara Khatoon v. State of Bihar (1979), the Court held that a speedy trial is a fundamental right of every accused.

The expansion of Article 21 exemplifies constitutional dynamism in action. By reinterpreting fundamental rights to address contemporary challenges, the judiciary has maintained the Constitution’s relevance in a rapidly changing society. This judicial activism, often through Public Interest Litigations, has ensured that constitutional protections evolve with societal needs.

In essence, the expanding horizons of Article 21 demonstrate the Indian Constitution’s living nature. This evolution, driven by judicial interpretation, has fortified the document’s role as a guardian of citizens’ rights, adapting to new challenges while upholding its foundational principles.