Q. Given the evolving nature of Indian society, how can the Constitution adapt to meet the changing demands of social justice while maintaining its core principles? (10 M, 150 words)

Core Demand of the Question

  • Explain how the Constitution can adapt to meet the changing demands of social justice.
  • Discuss how this adaptation can be achieved while maintaining the core principles of the Constitution.

Answer

Indian society is experiencing significant changes, with family structures shifting from joint family to nuclear family, increasing acceptance of gender equality, and evolving views on caste and LGBTQ+ rights. As younger generations adopt progressive values while traditions continue to persist, the Constitution must adapt to ensure it addresses these changes and upholds justice and equity for all.

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Adapting to Changing Demands of Social Justice

  • Legislative Evolution: New laws ensure the Constitution remains responsive to emerging societal challenges and promotes inclusivity.
    For example: The Right to Education Act (2009) implemented Article 21A, guaranteeing free and compulsory education for children aged 6-14, reducing barriers for marginalized groups.
  • Judicial Interpretation: Courts reinterpret constitutional provisions to address evolving social issues and uphold individual rights.
    For example: The Puttaswamy Judgment (2017) expanded Article 21 to recognize the right to privacy, protecting citizens in an increasingly digital society.
  • Inclusive Policies: Affirmative action programs help reduce inequalities, ensuring fair opportunities for all sections of society.
    For example: The 103rd Amendment (2019) introduced reservations for Economically Weaker Sections, promoting socio-economic justice alongside Article 46.
  • Technology Regulation: Laws governing digital spaces ensure justice and protect citizens from exploitation in a fast-evolving technological world.
    For example: The Draft Digital Personal Data Protection Bill (2023) safeguards privacy rights under Article 21, addressing concerns like data breaches.
  • Focus on Environmental Justice: Strengthening constitutional mechanisms ensures equitable resource use and environmental sustainability.
    For example: The National Green Tribunal (NGT) addresses environmental violations, balancing sustainable development with equity for future generations.

Maintaining Core Principles of the Constitution

  • Judicial Review: Courts uphold the basic structure doctrine, ensuring laws adhere to democracy, secularism, and equality.
    For example: In the NJAC Judgment (2015), the Supreme Court struck down provisions threatening judicial independence, preserving checks and balances.
  • Balancing Rights and Duties: Emphasizing fundamental duties alongside rights ensures harmony between individual freedoms and collective responsibilities.
    For example: The Swachh Bharat Abhiyan highlights Article 51A, encouraging citizens to maintain cleanliness while promoting public health and sanitation.
  • Decentralization of Governance: Empowering local governance promotes participatory democracy and addresses community-specific concerns.
    For example: The 73rd and 74th Amendments strengthened Panchayati Raj and Urban Local Bodies, promoting inclusive decision-making at the grassroots.
  • Equality and Non-Discrimination: Expanding Articles 14 and 15 addresses contemporary issues like gender and identity-based inequalities.
    For example: The NALSA Judgment (2014) recognized transgender individuals as the third gender, advancing equality and protecting marginalized identities.
  • Periodic Amendments: Carefully crafted amendments adapt to societal changes while preserving constitutional values of justice and equality.
    For example: The 42nd Amendment (1976) added ‘socialist’ and ‘secular’ to the Preamble, reinforcing inclusivity in a diverse society.

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The Constitution must remain adaptable to contemporary challenges while preserving its core principles. Through judicial oversight, progressive legislation, and grassroots participation, it can ensure justice and equity for all. This adaptability will uphold the Constitution’s relevance and vision of a just and inclusive India.

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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