“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.

it's a vehicle of life [i.e. impacts and transforms economic, social and political lives of citizens]

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• It's spirit is always the spirit of the age
  • reflects the changing times through constitutional morality
• eg. Privacy as a concept not popular at the time of framing constitution but now a Fundamental Right [Puttuswamy Judgement]

How the constitution adapted to changing socio-economic and political circumstances:

diagram

• Modes of adaptation
  • Amendments under Art 368
  • Judicial Review by judiciary clarifying & moulding provisions

(A) Changing socio-economic circumstances & subsequent adaptations:

→ To address inequalities, many land reforms conducted

◦ 1st Constitutional Amendment enacted to further this

◦ IXth Schedule added to protect laws pertaining to land reforms from judicial review

◦ 44th Amendment Act → removed Right to property from list of Fundamental Rights

→ Right to Education (Art 21A) added via 86th Amendment Act to promote education

→ 101st Amendment ⇒ GST implemented to address taxation related issues

(B). Changing Political Circumstances

→ Basic structure Doctrine propounded in Kesavananda Bharati Case to reduce probability of totalitarianism

→ 73rd & 74th Amendments to institutionalise Local self government

→ 106th Amendment to reserve seats for women in Legislatures ⇒ because of growing empowerment & political importance of women