UPSC Mains Daily Answer Writing - 16 October (GS 2)

Questions

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) 
2. 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

• 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

• DPSP

  • Article 39: equal pay among men and women for the same work

• Fundamental Duties

  • Article 51 A (e) mandates to renounce practices derogatory to the dignity of women
    Case laws

• 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.

• 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.

• Mary Roy VS State of Kerala (1986)

  • Christian women to enjoy equal property rights

• Lata Singh VS State of Uttar Pradesh & Anr (2006)

  • The validity of inter-caste marriages

• 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.

• 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

• CEHAT v. Union of India

  • The Supreme court-banned all advertisements relating to pre-natal sex determination techniques.

• Secretary, Ministry of Defence v. Babita Puniya & Ors.

  • All women army officers are eligible for permanent commissions, allowing them to be in commanding roles.

• 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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