UPSC Previous Year Question | Mains GS2 | 2023

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. (Answer in 250 words)

Answer

Introduction

Article 21 began as protection against arbitrary deprivation of life or personal liberty, but constitutional interpretation has transformed it into a substantive guarantee of dignified existence.

Analysis

Expanding horizons

  • Maneka Gandhi required procedure depriving liberty to be fair, just and reasonable, linking Articles 14, 19 and 21.
  • The Court has recognised privacy in Puttaswamy, dignity, autonomy, reproductive choice, legal aid and speedy trial.
  • Environmental protection, clean air, health, education, shelter, livelihood and a dignified death have been connected to life.
  • Protection against custodial violence, bonded labour and sexual harassment gives liberty substantive content.
  • Digital identity and surveillance questions now require proportionality, legality and safeguards.

Constitutional dynamism

Public-interest litigation, directive principles and evolving social values have enabled the Constitution to respond to new harms. At the same time, courts must respect institutional competence, evidentiary limits and democratic accountability. The living Constitution therefore expands freedom while preserving reasoned, rights-based review.

Keywords

polity, fundamental rights, Article 21, judicial interpretation

Topics: article 21, fundamental rights, judicial interpretation, polity