Answer

In jurisprudence, a “living instrument” refers to a legal text that evolves with societal changes. Part XX, Article 368(1) of the Indian Constitution grants Parliament the power to amend it through addition, variation, or repeal. Designed with foresight, the Constitution of India exemplifies this dynamism, ensuring its continued relevance.

Constitution of India: A Living Instrument of Dynamism

• Flexible Amendment Procedure: The 101st Amendment introduced GST, showcasing adaptability to economic changes.
• Preamble: Amended in 1976 (42nd Amendment) to include Secular and Socialist, reaffirming India’s commitment to a welfare state.
• Fundamental Rights: Expanded through judicial interpretation (e.g., Maneka Gandhi v. Union of India 1978), broadening Article 21’s scope.
• Judicial Review: The Kesavananda Bharati case (1973) upheld the judiciary’s power to protect the Constitution’s basic structure.
• Emergency Safegaurds: The 44th Amendment 1978 added safeguards to prevent misuse, ensuring resilience and accountability.

Adaptability of the Indian Constitution to a Progressive Society

• Right to Privacy (Article 21): Recognized as a fundamental right in Justice K.S. Puttaswamy v. Union of India (2017), addressing digital-era privacy concerns.
• Right to Education (Article 21A): Introduced via the 86th Amendment (2002), ensuring free and compulsory education for children aged 6–14.
• Decriminalization of Homosexuality: Navtej Singh Johar v. Union of India (2018) upheld LGBTQ+ rights, reflecting evolving human rights standards.
• Right Against Sexual Harassment: Vishaka v. State of Rajasthan (1997) established workplace harassment prevention norms, strengthening gender justice.

Expanding Horizons of the Right to Life and Personal Liberty

• Right to Clean Environment: M.C. Mehta v. Union of India (1988) affirmed environmental protection as integral to the right to life.
• Right to Information: The RTI Act (2005) enhanced transparency, empowering citizens with access to public information.
• Right to Die with Dignity: Aruna Shanbaug v. Union of India (2011) allowed passive euthanasia under conditions.
• Right to Internet: Anuradha Bhasin v. Union of India (2019) recognized internet access as essential to fundamental rights in the digital era.

The Constitution of India is a flexible and evolving document that adapts to the changing needs of society. The continuous expansive judicial interpretations bear testimony to its vibrant and living nature, securing a dignified life for every citizen.

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