Answer: 

Introduction

In the realm of jurisprudence, a “living instrument” denotes a legal text capable of adapting to the changing circumstances and norms of society to remain relevant and effective. Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision. The Constitution of India, framed with foresight by the architects of modern India, embodies this principle perfectly, with its provisions demonstrating the capabilities of enormous dynamism.

Body

The Constitution of India as a living instrument with capabilities of enormous dynamism

• Preamble: It underwent an amendment in 1976 during the 42nd Constitutional Amendment to incorporate the words ‘Secular’ and ‘Socialist’. It was a reaffirmation of the commitment of the Indian state towards a secular ethos and its objective to promote a welfare state.
• Fundamental Rights: They have witnessed expansion through innovative judicial interpretations. Eg: Maneka Gandhi vs. Union of India case held the right to life and personal liberty under Article 21 to include a myriad of other rights, emphasizing its vast and encompassing nature.
• Judicial Review: Landmark judgments, such as the Kesavananda Bharati vs. State of Kerala case, reiterated the judiciary’s power to review and nullify any amendments infringing on the basic structure of the Constitution, thereby ensuring its foundational principles remain unaltered.
• Flexible Amendment Procedure: The 101st amendment brought about the GST aimed at streamlining India’s tax structure, eliminating the cascading effect of taxes and facilitating a unified market, which is a testimony to the constitution’s foresight and receptiveness to evolving economic realities.
• Advisory Jurisdiction: In 2004, the President sought the Supreme Court’s opinion on the constitutional validity of the Bihar Assembly’s dissolution – a perfect example of the dynamic interplay between the Executive and the Judiciary.
• Emergency Provisions: The 44th Amendment, post the 1975-77 Emergency, introduced safeguards to prevent potential misuse of emergency provisions, underlining the Constitution’s capability to introspect and evolve.

Ways in which Indian Constitution Adapts to the Evolving Needs of a Progressive Society

• Right to Privacy (Art21): The Supreme Court in the Justice K.S. Puttaswamy (Retd.) vs Union of India case held that the right to privacy is protected as a fundamental constitutional right, adapting to modern concerns surrounding privacy in the digital age.
• Right to Education: The 86th amendment in 2002, inserting Article 21A, affirmed the right to education for all children between the ages of 6 and 14, representing a significant step towards educational inclusivity.
• Decriminalization of Homosexuality: The 2018 judgment in the Navtej Singh Johar vs Union of India case decriminalized homosexuality, an exemplary adaptation to evolving human rights standards, promoting a more inclusive society.
• Economic Reforms: The economic liberalization, privatization, and globalization (LPG) reforms initiated in 1991 opened up the Indian economy, inviting foreign investments and fueling economic growth, showcasing the government’s readiness to adopt policies for a progressive society.
• Right against Sexual Harassment: The Vishaka guidelines, set forth in Vishaka vs State of Rajasthan (1997), framed the sexual harassment at workplace prevention norms, illustrating the proactive role of judiciary in safeguarding personal liberties.

Expanding Horizons of the Right to Life and Personal Liberty

• Right to Clean Environment: The Supreme Court, in the M.C. Mehta vs Union of India case (1988), emphasized the right to a wholesome environment as an integral part of the right to life, promoting sustainable development and conservation.
• Right to Livelihood: The case of Olga Tellis vs Bombay Municipal Corporation (1985) saw the apex court holding that the right to livelihood was encompassed under the right to life, ensuring an individual’s dignity and means of living are protected.
• Right to Information: The enactment of the RTI Act in 2005 facilitates transparency and empowers citizens by allowing them to access information held by public authorities, fostering a more inclusive and democratic society.
• Right to Die with Dignity: The court in Aruna Ramchandra Shanbaug vs Union of India (2011) recognized the right to die with dignity, permitting passive euthanasia under stringent guidelines, marking a significant evolution in the understanding of the right to life.
• Right to Internet: In Anuradha Bhasin vs Union of India (2019), the Supreme Court recognized the right to access the internet as a fundamental right, underlining the necessity to adapt the constitutional rights to contemporary realities.

Conclusion

The Constitution of India manifests as a dynamic, living document, amenable to the requisite changes catering to the evolving society. The continuous expansive judicial interpretations, especially in safeguarding the right to life and personal liberty, bear testimony to its vibrant and living nature, securing a dignified life for every citizen in a progressive society.

DOWNLOAD PDF