UPSC Mains 2023 GS2 Q11 — Living Constitution
“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)
Question Decoded — examiner's intent
- Directive verbs
- Illustrate
- Scope keywords
- living instrumentenormous dynamismprogressive societyexpanding horizonsright to life and personal liberty
- Implicit sub-parts
- The philosophical underpinning of why the Constitution is 'living' (Article 368 and Judicial Review).
- The transition from 'Procedure Established by Law' to 'Due Process of Law' via Maneka Gandhi case.
- Specific facets of Article 21 that have evolved (Privacy, Health, Environment, Livelihood).
- How these judicial expansions reflect the changing 'progressive' needs of Indian society.
- Common pitfalls
- Writing a general essay on the Indian Constitution's features instead of focusing strictly on Article 21.
- Failing to mention the 'Doctrine of Progressive Interpretation' used by the Supreme Court.
- Neglecting to mention the Maneka Gandhi case as the watershed moment for 'dynamism'.
- Omitting recent landmark developments like the Puttaswamy judgment (Privacy) or Decriminalization of Section 377.
- Dimensions required
- Constitutional LawJudicial ActivismSocial EvolutionCivil Liberties
- Marks allocation hint
Dedicate 50 words to the 'living instrument' concept and the role of Article 368. Spend 150 words illustrating the expansion of Article 21 through specific case laws (Maneka Gandhi, Olga Tellis, Puttaswamy). Use the final 50 words to conclude how these legal shifts mirror the socio-economic progression of India.
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