GS PAPER Polity, Governance and IR 2023 Question 11

11. “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. 15

The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society. This is evident from the way the Supreme Court of India has interpreted and expanded the scope of the right to life and personal liberty under Article 21 of the Constitution.

Article 21 states that "No person shall be deprived of his life or personal liberty except according to a procedure established by law." This article has been construed by the Supreme Court to include not only the negative aspect of non-interference by the state, but also the positive obligation of the state to ensure the dignity, welfare, and well-being of the people. The right to life has been given a broad and comprehensive meaning, encompassing various facets of human existence.

Some of the dimensions of the right to life and personal liberty that have been recognized by the Supreme Court are:

• • Right to live with human dignity: The Supreme Court has held that the right to life includes the right to live with human dignity and all that goes along with it, such as adequate nutrition, clothing, shelter, health care, education, and decent environment.
  • Right to livelihood: The Supreme Court has held that the right to life includes the right to livelihood, as no person can live without the means of living. The state cannot deprive a person of his livelihood except by a just and fair procedure.
  • Right to privacy: The Supreme Court has held that the right to life includes the right to privacy, which is an intrinsic part of personal liberty. The state cannot interfere with the personal choices, preferences, and intimate matters of an individual, unless there is a compelling public interest.
  • Right to health and medical assistance: The Supreme Court has held that the right to life includes the right to health and medical assistance, as a healthy body is essential for enjoying all other rights. The state has a duty to provide adequate medical facilities and emergency care to all persons.
  • Right to sleep: The Supreme Court has held that the right to life includes the right to sleep, as it is essential for physical and mental health. The state cannot deprive a person of his sleep by causing noise pollution or other disturbances.
  • Right to die: The Supreme Court has held that the right to life includes the right to die with dignity, which implies the recognition of living wills and passive euthanasia for terminally ill patients. The state cannot force a person to prolong his suffering against his will.
  • Right to a healthy environment: The Supreme Court has held that the right to life includes the right to a healthy environment, as it is necessary for the survival and development of human beings. The state has a duty to protect and preserve the environment from pollution and degradation.

These are some of the examples of how the Supreme Court has expanded the horizons of the right to life and personal liberty under Article 21. The Constitution of India is thus a living document that adapts itself to the changing needs and aspirations of a progressive society.