Questions
- The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (15)
- Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws. (15)
Model Solutions
**1. The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty.(15) **
Model Structure
Introduction
- Constitutional Article 368- amendment process not too rigid not too flexible
- Total 105 amendments since 1950.
Main body
Dynamism of the constitution:
- 52nd CAA- anti defection 10th schedule
- 73rd and 74th CAA: Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) to decentralise governance and empower local self-government.
- 86th CAA: Article 21-A to provide the right to education for children aged 6 to 14 as a fundamental right.
- 101st CAA- Accommodating economic reforms, GST
- 102nd CAA- Constitutional status to the National Commission for Backward Classes (NCBC)
- 103rd CAA- 10% for the economically weaker sections (EWS)
Expanding horizons of the right to life and personal liberty
- A.K Gopalan VS. The state of Madras (1951): The protection of Article 21 is available only against the executive action. But the legislature may deprive a person by making a law.
- Maneka Gandhi (1978) Judgement
- Right to life and personal liberty is not confined to mere animal existence but includes the right to live with human dignity.
- Hussainara Khatoon case (1979)
- Wider interpretation of Article 21 and held that speedy trial is that the fundamental right of every citizen
- Puttaswamy case (2017)
- Right to privacy is a fundamental right
- Common Cause v. Union of India (2018)
- Passive Euthanasia, right to die with dignity was a fundamental right under Article 21.
- Navtej Singh Johar VS. UoI (2018)
- The Bench unanimously found that the criminalisation of sexual acts between consenting adults to be violation of the Article 14, 15, 19, and 21 of Indian Constitution
Conclusion
- Contemporary relevance for eg: In the age of 4th industrial revolution, Indian constitution and laws are accommodating Technology. For eg: The Personal Data Protection Bill, 2019.
2. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.(15)
Model Structure
Introduction
- Definition based by explaining Gender justice- Equal access to resources and opportunities regardless of gender, including economic participation and decision-making
- Data/ Report:
- Gender Gap Report, 2023, India ranked 127 out of 146
- The Gender Inequality Index component, which was part of UNDP's Human Development Index (HDI) 2021, ranked India the 122nd out of 190 countries.
Main body
Constitutional Provisions
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Preamble- Equality, Liberty , Freedom, Justice
-
Fundamental Rights
- Article 14 - Right to Equality
- Article 15 - Prohibition of Discrimination
- Article 16 - Equality of Opportunity in Public Employment
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DPSP
- Article 39: equal pay among men and women for the same work
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Fundamental Duties
- Article 51 A (e) mandates to renounce practices derogatory to the dignity of women
Case laws
- Article 51 A (e) mandates to renounce practices derogatory to the dignity of women
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Vishakha VS State of Rajasthan (1997)
- SC commissioned the Vishaka guidelines that defined sexual harassment and put the onus on the employers to provide a safe working environment for women.
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Mohd. Ahmed Khan v. Shah Bano Begum (1985)
- The court ruled that a divorced Muslim woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973, despite any conflicting provisions of Muslim personal law.
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Mary Roy VS State of Kerala (1986)
- Christian women to enjoy equal property rights
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Lata Singh VS State of Uttar Pradesh & Anr (2006)
- The validity of inter-caste marriages
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Suhas Katti VS Tamil Nadu (2004)
- SC-to convict a person on the grounds of sending obscene messages by harming the reputation and character of the woman and also by outraging her modesty-Cyber Bullying.
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Young Lawyers Association v State of Kerala (2019)
- SC held that the restrictions upon the entry of women between the ages of 10-50 into the Sabarimala shrine were unconstitutional
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CEHAT v. Union of India
- The Supreme court-banned all advertisements relating to pre-natal sex determination techniques.
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Secretary, Ministry of Defence v. Babita Puniya & Ors.
- All women army officers are eligible for permanent commissions, allowing them to be in commanding roles.
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The Medical Termination of Pregnancy Act judgement (2022)
- Unmarried women in a consensual relationship are also entitled to safe and legal abortion
Conclusion
- Give examples of women’s achievement for eg: Women President, Squadron Leader Avani Chaturvedi, Shaliza Dhami Becomes First Woman IAF Officer to Command Frontline Combat Unit.
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