Model Answer Introduction The Constitution of India serves as a "living instrument," capable of evolving with the changing norms and values of society. Article 368(1) empowers Parliament to amend the Constitution, ensuring its relevance over time. This dynamic nature is particularly evident in the eRead more
Model Answer
Introduction
The Constitution of India serves as a “living instrument,” capable of evolving with the changing norms and values of society. Article 368(1) empowers Parliament to amend the Constitution, ensuring its relevance over time. This dynamic nature is particularly evident in the expanding horizons of the right to life and personal liberty.
The Constitution as a Dynamic Document:
Preamble and Fundamental Rights
The Preamble was amended in 1976 to include “Secular” and “Socialist,” reinforcing the Indian state’s commitment to these values. The Maneka Gandhi vs. Union of India case (1978) expanded Article 21, establishing that the right to life encompasses various rights, thus broadening its interpretation (Supreme Court of India).
Judicial Review and Flexibility
The Kesavananda Bharati vs. State of Kerala case (1973) affirmed the judiciary’s power to review amendments that threaten the Constitution’s basic structure. Furthermore, the 101st Amendment introduced the Goods and Services Tax (GST), reflecting the Constitution’s ability to adapt to economic changes (Government of India).
Emergency Provisions and Advisory Jurisdiction
The 44th Amendment post-Emergency introduced safeguards against misuse of emergency powers. The President’s request for the Supreme Court’s opinion on the Bihar Assembly’s dissolution in 2004 exemplifies the dynamic relationship between the Executive and Judiciary.
Expanding Horizons of Rights:
Right to Privacy and Education
The Justice K.S. Puttaswamy (Retd.) vs. Union of India case (2017) recognized the right to privacy as a fundamental right. The 86th Amendment (2002) established the right to education for children aged 6 to 14, showcasing a commitment to inclusivity.
Decriminalization of Homosexuality
The Navtej Singh Johar vs. Union of India case (2018) decriminalized homosexuality, demonstrating adaptation to changing societal norms regarding human rights.
Environmental and Economic Rights
The Supreme Court in M.C. Mehta vs. Union of India (1988) recognized the right to a clean environment as part of the right to life. Additionally, the Right to Information Act (2005) empowers citizens, promoting transparency.
Right to Die with Dignity
In Aruna Ramchandra Shanbaug vs. Union of India (2011), the court permitted passive euthanasia, marking a significant evolution in the understanding of personal liberties.
Conclusion
The Constitution of India exemplifies a dynamic, living document that evolves to meet the needs of a progressive society. Its expansive judicial interpretations, particularly regarding the right to life and personal liberty, ensure a dignified existence for every citizen.
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The Preamble of the Indian Constitution acts as a guiding light, reflecting the vision and aspirations of its framers. It encapsulates the fundamental values and principles that the makers intended to embed in the Constitution. 1. Sovereignty: - The term "Sovereign" in the Preamble indicates theRead more
The Preamble of the Indian Constitution acts as a guiding light, reflecting the vision and aspirations of its framers. It encapsulates the fundamental values and principles that the makers intended to embed in the Constitution.
1. Sovereignty:
– The term “Sovereign” in the Preamble indicates the complete autonomy and independence of India, free from any external control.
– This reflects the makers’ determination for self-governance and national integrity.
2. Socialism:
– The word “Socialist” signifies a commitment to social equity and the elimination of inequality.
– It mirrors the framers’ intent to create a society where wealth and resources are distributed more equitably.
3. Secularism:
– “Secular” ensures that the state treats all religions equally without favoring any.
– This underscores the makers’ vision of religious freedom and harmony in a diverse country.
4. Democracy:
– The term “Democratic” highlights the commitment to a government by the people, for the people, and of the people.
– It reflects the framers’ belief in popular sovereignty and participatory governance.
5. Justice, Liberty, Equality, and Fraternity:
– These ideals are fundamental to the Preamble and reflect the core objectives of the Constitution.
– They signify the framers’ dedication to ensuring social, economic, and political justice, individual freedoms, equality before the law, and a sense of brotherhood.
The Preamble is a succinct reflection of the philosophical and moral vision of the Constitution’s makers.It serves as the soul of the Constitution, guiding its interpretation and implementation to achieve a just and equitable society.
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