Analyze the Indian Constitution’s provision on the right to life. (200 Words) [UPPSC 2019]
The doctrine of basic structure is a constitutional principle that prevents the fundamental principles of the Indian Constitution for being changed by amendments. In the Kesavananda Bharti case, for the first time this doctrine came into view in the history of Indian Constitution. In this case, theRead more
The doctrine of basic structure is a constitutional principle that prevents the fundamental principles of the Indian Constitution for being changed by amendments. In the Kesavananda Bharti case, for the first time this doctrine came into view in the history of Indian Constitution. In this case, the Supreme Court held that the parliament has the power to ammend Constitution, including fundamental rights but, the basic structure of the Constitution could not be altered even by a constitutional ammendment.
Additionally, the judgement also added that the parliament can only amend the constitution and have no power to rewrite.
Following are the key elements of the doctrine of basic structure which helps to ensure that the basic structure of the constitution remains unaltered:
- Democracy
- Fundamental rights
- Federalism
- Judicial Review
- Rule of law
- Separation of powers
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The Constitution of India is considered as supreme law of India. This is a written document which lays down the framework demarcating fundamental basic code, structure, procedures, powers, and duties of Government and its organizations and rights & duties of the citizen. The term life representsRead more
The Constitution of India is considered as supreme law of India. This is a written document which lays down the framework demarcating fundamental basic code, structure, procedures, powers, and duties of Government and its organizations and rights & duties of the citizen. The term life represents utmost importance as it is one of the most essential for human existence. Right to life is fundamental right and is one of the pivotal rights enriched in the Constitution of India. Right to life is guaranteed under Article 21 of Constitution of India stated as:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
It ensures that no individual can be deprived of their life or personal liberty arbitrarily. It mandates that if any such deprivation exists, it must be in accordance with the procedure established by law, which means the process must be fair, reasonable, and just.
Article 21 includes not just the right to be alive but also the right to live with human dignity, right to privacy, right to a healthy environment, right to education, right to health, and right to fair trial. While it guarantees protection against arbitrary deprivation of life and liberty, it is not absolute. The right can be restricted under certain circumstance such as Procedure Established by Law and Public Safety and Order.
As Concluded, the Right to Life under Article 21 of the Indian Constitution is an epitome of individual liberty and justice. It forms the basis for numerous other rights and freedoms and instils the essence of whole democratic nation.
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