Describe the significance of a constitution for a democratic nation such as India.(Answer in 200 words)
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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In India, the Constitution is the “supreme law of the land” and there is nothing beyond it . It places effective restrictions on the authority of the state in the interest of the individual’s liberty. With the absence of the constitution, constitutional disputes between different branches of the govRead more
In India, the Constitution is the “supreme law of the land” and there is nothing beyond it . It places effective restrictions on the authority of the state in the interest of the individual’s liberty.
See lessWith the absence of the constitution, constitutional disputes between different branches of the government cannot be resolve. Thus, effective decision making and the continuity of political struggle can only ensured with its presence.
It reflects the expresses the ideals and aspirations of the people . These provisions are reflected in the preamble , oaths and mottos, and other symbols that are defined in our Constitution.
Therefore, a democratic nation like India needs a Constitution for the doctrine of limited government and to safeguard the rule of law .