The Constitution of India is considered a living document due to its continuous evolution since adoption in 1950 to meet the changing needs and aspirations of society.
- [Example: 73rd and 74th CAA, Abolition of Privy Purse (26th Amendment), Basic Structure Doctrine (Kesavananda Bharati case), Introduction of safeguards to prevent potential misuse of emergency( 44th Amendment) etc ]
Expanding Horizons of the Right to Life and Personal Liberty:
- Right to Dignity: the right to live is not merely a physical right but includes the right to live with dignity. (Maneka Gandhi vs. Union of India case)
- Right to Health: the right to health and medical aid is a fundamental right under Article 21, making it obligatory for the state to provide timely medical treatment to a person in need. (Parmanand Katara vs. Union of India case –ये PIL में भी चिपका देना ).
- Right to Privacy: the right to privacy as an intrinsic part of the right to life and personal liberty. (The Justice K.S. Puttaswamy (Retd.) vs. Union of India case)
- Right against Torture and Cruelty: the right against torture and cruel, inhuman, or degrading treatment is enshrined in Article 21. (Inderjeet v State of Uttar Pradesh)
- Right to Clean Environment: the court expanded Article 21’s scope to include the right to a wholesome and clean environment, stressing the principle of sustainable development. (M.C. Mehta vs. Union of India case)
- Right to Livelihood: the right to life also encompasses the right to livelihood. Depriving someone of their livelihood was seen as depriving them of their life. (Olga Tellis vs. Bombay Municipal Corporation case)
- Right to Speedy Trial: speedy justice is a fundamental right under Article 21. (Hussainara Khatoon vs. State of Bihar).
- Right to Die with Dignity: the right to die with dignity, permitting passive euthanasia under stringent guidelines (Aruna Ramchandra Shanbaug vs Union of India (2011))
- Right to Internet: In Anuradha Bhasin vs Union of India (2019)
- Right to self-identification: right of a transgender person to self-perceived gender identity . It reaffirmed their rights to liberty, dignity and freedom from discrimination. ( NALSA vs Union of India case (2014) )
(Regressive interpretations: Supriyo Chakraborty case: There is no fundamental right to marry → same sex persons cannot marry )
Although the Right to Protest is not an explicit right under the Fundamental rights, it can be derived from →
- Article 19(1)(a): guarantees the freedom of speech and expression , Restricted by Art. 19(2)
- Article 19(1)(b): assures citizens the right to assemble peaceably and without arms ; Restricted by Art. 19(3) – sovereignty and integrity of India or public order → (PRIMARILY)
- Article 21 : The right to protest is an inherent part of speech and an inherent facet of the right to live guaranteed under Article 21 of our Constitution. (Iftekhar Zakee Shaikh v. State of Maharashtra (2020))
Judicial Guidance :
- SC on Shaheen Bagh CAA protests. →“democracy and dissent go hand in hand, but then the demonstrations expressing dissent have to be in designated places alone”.
- In the Ramlila Maidan Incident case (2012), the Supreme Court had stated, “Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action.”
- in Mazdoor Kisan Shakti Sangathan vs Union of India (2018), SC laid down guidelines for peaceful assembly
and regulating protests and demonstrations.
Article 32 allows individuals to directly approach the Supreme Court for the enforcement of Fundamental Rights through writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
- Dr. Ambedkar’s Statement- Dr. B.R. Ambedkar termed Article 32 as the “heart and soul” of the Constitution because it ensures the protection and enforcement of fundamental rights, making them meaningful.
- Guaranteed Right- Article 32 itself is a Fundamental Right under Part III, which cannot be suspended (except during a National Emergency as per Article 359, with limitations).
- Role of Judiciary- It reinforces the Supreme Court’s role as the guardian of the Constitution and protector of citizens’ rights.
Permissible restrictions on free speech under Article 19(2) of the Indian Constitution:
- Sovereignty & Integrity of India – Speech cannot threaten national unity or territorial integrity(16th Constitutional Amendment Act, 1963).
- Security of the State – Restrictions allowed if speech incites violence or rebellion.
- Friendly Relations with Foreign States – Speech harming diplomatic ties can be restricted(1st Constitutional Amendment Act, 1951).
- Public Order – Speech inciting riots or disturbing peace can be curtailed(1st Constitutional Amendment Act, 1951).
- Decency or Morality – Obscene or vulgar expressions may be restricted.
- Contempt of Court – Speech that scandalizes or lowers court authority is restricted.
- Defamation – False speech harming someone’s reputation can be limited.
- Incitement to an Offence – Any speech provoking others to commit a crime can be restricted(1st Constitutional Amendment Act, 1951).
The term ‘equality’ means the absence of special privileges and the provision of adequate opportunities for all individuals without discrimination. The Preamble secures to all citizens of India equality of status and opportunity, encompassing civic, political, and economic dimensions.
- Civic Equality →Article 14: Equality before the law; Article 15: Prohibition of discrimination; Article 16: Equality of opportunity in public employment; Article 17: Abolition of untouchability; Article 18: Abolition of titles.
- Political Equality → Article 325: No person to be ineligible for inclusion in electoral rolls on grounds of religion, race, caste, or sex; Article 326: Elections to be based on adult suffrage.
- Economic Equality → DPSP secure to men and women an adequate means of livelihood [Art. 39(a)] and equal pay for equal work [Art. 39(d)].
