Mains Focus – 30th June 2025

30/06/2025

82 1 minute read

Question

“The Constitution of India is a living instrument with the 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 Marks, GS Paper 3, 2021]

Answer

The Constitution of India, though enacted in 1950, was envisioned as a dynamic document capable of adapting to the evolving needs of society. Dr. B.R. Ambedkar described it as a “living instrument” intended to foster justice, liberty, and equality in a changing world. This progressive vision is best exemplified through the ever-expanding interpretation of Article 21, which guarantees the right to life and personal liberty.

Initially, in A.K. Gopalan v. State of Madras (1950), Article 21 was narrowly interpreted, confining it to protection against arbitrary executive action. However, in Maneka Gandhi v. Union of India (1978), the Supreme Court overruled this, interpreting “procedure established by law” to mean just, fair, and reasonable procedure, thereby transforming Article 21 into a repository of various substantive rights.

The scope of Article 21 has since been vastly expanded to include rights such as:

Right to livelihood (Olga Tellis v. Bombay Municipal Corporation, 1985)
Right to privacy (Justice K.S. Puttaswamy v. Union of India, 2017)
Right to a clean environment (Subhash Kumar v. State of Bihar, 1991)
Right to shelter, healthcare, and legal aid
Right to die with dignity (Common Cause v. Union of India, 2018)

These developments show that the Constitution is not static but responsive to contemporary challenges. The judiciary, through purposive and transformative interpretation, has ensured that fundamental rights evolve with the times.

Further, the constitutional ethos has embraced issues of gender equality, LGBTQ+ rights (Navtej Singh Johar v. Union of India, 2018), and transgender rights (NALSA v. Union of India, 2014), reflecting a progressive shift towards inclusivity.

Thus, the Indian Constitution functions not merely as a legal document but as a moral compass for a progressive society. Its ability to respond to social change through judicial interpretation reaffirms its dynamic character and enduring relevance in the lives of citizens.