Talk about the development and significance of the Indian Constitution’s “Basic structural theory.” (200 Words) [UPPSC 2022]
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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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:
Impact:
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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