Page 41 - Constitution

70 Years of Indian

Constitution

In the Constitution, probably the most
the Fundamental Duties enjoined on the citizens.
In the Constitution, probably the most important part is important part is part III which confers

part III which confers and recognizes the ‘Fundamental and recognizes the ‘Fundamental Rights’
of the citizens and others and considered
Rights’ of the citizens and others and considered as the
soul of the Constitution. as the soul of the Constitution
The Supreme Court in Golaknath’s case considering the
importance of Fundamental Rights, held that even though
extent the spirit underlying the provisions. Later on, the
under Article 368 the Parliament had power to amend any
Supreme Court became proactive and progressive in its
provision in the Constitution, it has no competence to tinker
outlook and by way of interpretation enlarged the scope
with the provisions relating to Fundamental Rights, as the
and ambit of many provisions conferring Fundamental
same is not ‘law’ within the meaning of Article 13 (2).
Rights for the benefit of the citizens.
However, this decision was later reversed in
Articles 21 and 14 are two such important provisions.
Keshavananda Bharathi’s case which held that any
Deviating from its earlier narrow view, starting with Maneka
amendment including one relating to Fundamental Rights
Gandhi’s case the Supreme Court gave new dimension
is subject to the doctrine of basic structure. Any right
to the expression ‘life’ in Article 21 by holding that it did
conferred must generally have corresponding duty also.
not mean mere animal existence but includes “right to live
Realizing the lacuna in this behalf in the Constitution, the
with dignity”.
same was subsequently amended by inserting Part IVA
The concept includes the basic necessities of life such
(Article 51A) which imposes Fundamental Duties on every
as adequate nutrition, clothing, shelter etc, the Supreme
citizen of this country. Thus, Part III containing provisions
Court derived its life breath from the Directive Principles
regarding Fundamental Rights and Part IVA containing
of State Policy to stretch the scope of Article 21. In recent
Fundamental Duties, are important parts of the constitution.
years the Apex Court further expanded the horizons to
If one studies and analyses the judgments of the
include education, environment, medical care, right
Supreme Court during the last 70 years of its existence,
against sexual harassment, right to select a partner, right
barring some exceptions, it has done remarkably well in
of reputation, right of information, right to compensation
protecting the Constitution and the Fundamental Rights of
and even euthanasia (passive) within its ambit. This was
the citizens and also invalidating legislative or executive
very much required to meet the new challenges in the
excesses.
society and fulfill the needs of the society.
Initially the Apex Court confined the scope of rights of

citizens, including individual personal rights by interpreting
Recently in the case of Justice K.S. Puttaswamy
the Constitutional provisions literally, ignoring to some
vs Union of India the Supreme Court reiterated and

70 Years of Indian Constitution 41