The Constitution of India is often described as a "living instrument" due to its ability to adapt to changing societal needs and interpretative flexibility by the judiciary. This dynamism is particularly evident in the expanding scope of Article 21, which guarantees the right to life and personal liberty. Through various landmark judgments, the Indian judiciary has progressively expanded the interpretation of Article 21 to encompass a wide array of rights essential for a dignified and meaningful life. Here are some key illustrations of this expansion:
Expanding Horizons of the Right to Life and Personal Liberty
1. Right to Privacy
- Judgment: Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017)
- Expansion: The Supreme Court recognized the right to privacy as a fundamental right intrinsic to life and personal liberty under Article 21.
- Significance: This landmark judgment has significant implications for data protection, surveillance laws, and personal autonomy, influencing future legislative and policy decisions.
2. Right to Livelihood
- Judgment: Olga Tellis vs. Bombay Municipal Corporation (1985)
- Expansion: The Supreme Court held that the right to life includes the right to livelihood, as deprivation of livelihood would render life meaningless.
- Significance: This interpretation provided protection to pavement dwellers and slum residents, ensuring that eviction processes consider their right to livelihood.
3. Right to Education
- Judgment: Mohini Jain vs. State of Karnataka (1992) and Unni Krishnan, J.P. vs. State of Andhra Pradesh (1993)
- Expansion: The right to life was interpreted to include the right to education. This led to the enactment of the Right of Children to Free and Compulsory Education Act, 2009.
- Significance: This ensures free and compulsory education for children aged 6 to 14 years, making education a fundamental right.
4. Right to a Clean and Healthy Environment
- Judgment: Subhash Kumar vs. State of Bihar (1991)
- Expansion: The Court recognized the right to a clean environment as part of the right to life, emphasizing that environmental protection is essential for quality life.
- Significance: This interpretation paved the way for environmental jurisprudence in India, influencing policies and regulations for environmental conservation.
5. Right to Health and Medical Care
- Judgment: Paschim Banga Khet Mazdoor Samity vs. State of West Bengal (1996)
- Expansion: The Supreme Court held that the right to life includes the right to health and timely medical treatment.
- Significance: This judgment mandated that state hospitals provide timely medical treatment to patients, especially in emergencies, reflecting the state's duty to ensure healthcare access.
6. Right to Dignity
- Judgment: Francis Coralie Mullin vs. The Administrator, Union Territory of Delhi (1981)
- Expansion: The Court emphasized that the right to life is not merely the right to physical existence but also the right to live with dignity and all that goes along with it.
- Significance: This interpretation underscored the importance of treating individuals with respect and dignity, influencing various human rights protections.
7. Right to Die with Dignity
- Judgment: Common Cause vs. Union of India (2018)
- Expansion: The Supreme Court recognized the right to die with dignity as part of the right to life, legalizing passive euthanasia and allowing living wills under specific conditions.
- Significance: This judgment acknowledged personal autonomy and the importance of allowing individuals to make decisions about end-of-life care.
Conclusion
The Constitution of India, through the interpretative role of the judiciary, has demonstrated remarkable dynamism by expanding the scope of Article 21 to address evolving societal needs and challenges. This expansion reflects the Constitution's adaptability and its commitment to ensuring a progressive society where individuals can lead dignified lives with access to essential rights and freedoms. The judiciary's proactive approach in interpreting the right to life and personal liberty highlights the living nature of the Constitution, allowing it to remain relevant and responsive to the changing times. As society continues to evolve, the Constitution's capacity for dynamism ensures that it will continue to protect and promote the fundamental rights of all citizens.
