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The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (250 words, 15 marks 2023)

Amith

✅ Question (GS Paper II – 2023 – 15 Marks):

“The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to life and personal liberty.

1. Keyword-Based Analysis

  • Directive: Illustrate → You must provide examples and evidence to support the statement.

  • Key Concepts:

    • Living instrument – flexible, adaptable to changing needs

    • Dynamism – ability to evolve

    • Right to life and personal liberty – Article 21

  • Special Reference Clause: Emphasis must be on how Article 21 has expanded through judicial interpretation.

2. Demand of the Question

  • Establish how the Indian Constitution evolves through judicial activism and interpretation.

  • Focus on Article 21 as a key example of this dynamism.

  • Illustrate with landmark judgments that have expanded its scope over time.

  • Connect to the idea of a progressive, evolving society.

3. Ideal Structure of the Answer

Introduction

  • Define what is meant by a “living constitution”

  • Introduce Article 21 as a prime example of this dynamic character

Body

A. Why Indian Constitution is a Living Instrument

  • Short and broad language allows reinterpretation

  • Doctrine of constitutional morality

  • Judiciary as guardian and interpreter (Art. 32, Art. 226)

B. Expanding Horizons of Article 21

  • Originally: Protection against arbitrary arrest and deprivation of life

  • Now includes:

Domain Expanded Rights
Privacy K.S. Puttaswamy v. Union of India (2017)
Livelihood Olga Tellis v. Bombay Municipal Corporation (1985)
Environment Subhash Kumar v. State of Bihar (1991)
Clean Air/Water MC Mehta cases
Reproductive Rights Suchita Srivastava v. Chandigarh Admin (2009)
Euthanasia Common Cause v. Union of India (2018)
Digital Rights Right to be forgotten (being recognized)
LGBTQ+ Rights Navtej Singh Johar v. Union of India (2018)

C. Significance

  • Shows that the Constitution is not static

  • Responds to emerging values and technologies

  • Reflects transformative constitutionalism

Conclusion

India’s Constitution has transformed from a rigid legal document to a vibrant social charter. Article 21's judicial evolution proves that our Constitution is a living instrument, capable of meeting the aspirations of a modern, progressive society.

4. Model Answer (250 Words)

The Constitution of India is designed not just as a legal document but as a dynamic framework capable of evolving with societal progress. It is often described as a “living instrument” because it adapts to contemporary challenges through purposive interpretation, especially by the judiciary.

The most prominent example of this dynamism is seen in the expanding scope of Article 21, which guarantees the right to life and personal liberty. Initially interpreted narrowly in A.K. Gopalan (1950), it underwent a doctrinal shift in Maneka Gandhi (1978), where the Supreme Court held that due process is integral to personal liberty.

Since then, Article 21 has evolved into a repository of unenumerated rights, including the right to privacy (K.S. Puttaswamy, 2017), right to livelihood (Olga Tellis, 1985), right to a clean environment (MC Mehta cases), reproductive autonomy, euthanasia, and even LGBTQ+ rights (Navtej Singh Johar, 2018). These developments illustrate the judiciary's role in aligning constitutional values with changing social realities.

Such interpretations reflect transformative constitutionalism, where the Constitution facilitates the transition to a just, egalitarian, and inclusive society. By expanding the meaning of life and liberty, the courts have ensured that constitutional rights are not frozen in time, but grow with the aspirations of the people.

Thus, the Indian Constitution truly functions as a living, breathing instrument, capable of nurturing a progressive and humane democracy.

5. Value Addition Tips

  • Quote:

    • “The Constitution is not a static but a dynamic and living document.” – Justice Bhagwati

  • Diagram:

    • Timeline of key Article 21 expansions

  • Judgments to Remember:

    • Maneka Gandhi, Olga Tellis, Puttaswamy, Common Cause, Navtej Singh Johar

6. Common Mistakes

  • Only discussing features of Constitution without linking to Article 21

  • Not giving case names and examples

  • Ignoring the “progressive society” part of the question

  • Writing in abstract philosophical terms without legal grounding

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