Analyze the Indian Constitution’s provision on the right to life. (200 Words) [UPPSC 2019]
Evolution and Impact of the Basic Structure Doctrine Evolution: Introduction: The Basic Structure Doctrine was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court, led by Chief Justice S.M. Sikri, ruled that while Parliament hasRead more
Evolution and Impact of the Basic Structure Doctrine
Evolution:
- Introduction: The Basic Structure Doctrine was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court, led by Chief Justice S.M. Sikri, ruled that while Parliament has the power to amend the Constitution, it cannot alter the “basic structure” or fundamental framework of the Constitution.
- Development: The doctrine evolved to safeguard core constitutional principles from being undermined by amendments. Subsequent cases, including Indira Nehru Gandhi v. Raj Narain (1975) and Minerva Mills Ltd. v. Union of India (1980), reinforced and clarified its scope, affirming that the basic structure includes elements like democracy, rule of law, and separation of powers.
- Broadening Scope: In L. Chandra Kumar v. Union of India (1997) and I.R. Coelho v. State of Tamil Nadu (2007), the doctrine’s application was extended to protect judicial review and federal structure, reflecting its dynamic role in constitutional jurisprudence.
Impact:
- Protection of Core Values: The doctrine has been crucial in preserving essential constitutional values such as democracy, federalism, and secularism. It acts as a safeguard against potential overreach by the Parliament, ensuring that fundamental aspects of the Constitution remain intact.
- Judicial Review: It strengthens the judiciary’s role in reviewing constitutional amendments, balancing legislative power with constitutional permanence. For instance, in the 2019 Supreme Court judgment upholding the National Register of Citizens (NRC) process, the Court emphasized adherence to constitutional principles without compromising the basic structure.
- Constitutional Integrity: By preventing amendments that could alter the fundamental framework, the doctrine upholds the integrity and stability of the Constitution. This has ensured continuity and consistency in India’s constitutional governance.
In essence, the Basic Structure Doctrine has played a pivotal role in maintaining the core values of the Indian Constitution while allowing for necessary reforms and amendments within its framework.
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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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