GS Polity Questions 25-June-2011

[Shiv prakash chaurasia]

Q-1 It is often said that Right to Life has overtime became so essential that it has overshadowed other Fundamental rights as enshrined in Indian constitution. Discuss and make a critical evaluation of the statement. (30 marks)

Q-2 Do you agree Preamble of constitution is nothing but a mere declaration like a preface to a book.  (30 marks)

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Shivprakash Chaurasia
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[Varun Gupta]

good initiative .. Kindly response !!

[Varun Gupta]

Kindly respond !!

[Satish Grewal]

 

 

From: suii-gen...@googlegroups.com [mailto:suii-gen...@googlegroups.com] On Behalf Of Shiv prakash chaurasia
Sent: Saturday, June 25, 2011 10:44 PM
To: suii-gen...@googlegroups.com
Subject: GS Polity Questions 25-June-2011

 

Q-1 It is often said that Right to Life has overtime became so essential that it has overshadowed other Fundamental rights as enshrined in Indian constitution. Discuss and make a critical evaluation of the statement. (30 marks)

 

(Not been able to frame good answers  but here are some basic views in my mind…. Improvements and suggestion are welcome)……… Satish

 

Right to Life, article 21 of the constitution, over the period of time it undergo sea chage and become the most important right among all the fundamental rights. Right to speedy justice, right to acess safe drinking water, right to pollution free air etc are some of the rights covered under the umbrella of right to life.

All the rights covered by the right to life are very much essential to a citizen to live a dignified life on the land. Right to life is primary right to all the citizens or any human being  and also laid the foundation of all other fundamental rights, but it doesn’t mean that other fundamental rights are of no importance or overshadowed by right to life, all the rights are inter related without the freedom of speech no one can raise the issue of violation of their rights, without the right to employment and profession how a man can earn his livelihood, etc.

 

Q-2 Do you agree Preamble of constitution is nothing but a mere declaration like a preface to a book.  (30 marks)

 

The Philosphical base of the constitution consist of the ideals for which the constitution enjoins the representative of the country to follow. Every democratic country had its philosophy and vision which can be summed up as growth with stability. The Philosphical base of our constitution has been laid down in the form of preamble and attached to constitution.

                The Preamble to the Indian constitution sets the constitution in a highly moral prespective and embodies not only that spirit in which the constitution is drafted but also the ideals which the people of India, as represented in the constitution assembly, wanted their country to realize – “the ideals of justice, equality, fraternity, liberty, sovereignty, secularity”. The words have been chosed judiciously and embody a value that cannot be measured merely in terms of formal legal expression.

                The preface of the book just give information about the book or merely some content of the book but the the document having aforesaid qualities on which the entire constitution is framed cant be like a preface.

[Shiv prakash chaurasia]

Hi,

I will mention some basic points of the skeleton of the answer:

Ans-1 

1. Define right to life under A-21 of Constitution of India and link it with other rights u/article 17,18,19 and mention that "if a person does not enjoys right to life then there is no meaning to other rights"

2. Explain that in last 40 years (including 20 years after economic reforms of 1991) S.court through various orders has increased the scope and extant of right to life like right to safe drinking water, right to clean environment, etc.

3. Now a days most of the PIL are related with infringement of right to life and other rights are not beig contested and debated much thereby the dynamism of other rights is at risk.

4. Mention that during emergency right to life was suspended ad after 44th amendment it was stated that a-21 ca not be suspended. 

4. Give a conclusion that it is not correct to say that right to life has overshadowed though its scope has been increased substantially.

Ans-2

1. Mention why preamble is important.

2. Mention the S.court reference to preamble as mere declaration and also that constitution can work even without preamble.

3. Yet at the same time S.court held that it is an integral part and can be modified through amendment.

4. Like a preface gives a broad idea and background about the book, same is with preamble that mention about braod framework of constitution.

5. Conclusion : that yet it is a mere declaration but still essential part and also it reflects the true spirit and aspirations of the constitution makers and that of people of India ad in that sense it is much more important than a preface.

On Sat, Jun 25, 2011 at 10:44 PM, Shiv prakash chaurasia <shivprakas...@gmail.com> wrote:

[shruti rao]

Just to add few references in ans 1:

The phrases “Protection of life” and “personal liberty” have called several times for interpretation.

Regarding right to food, one has to look for relevance in Article 21 of the Constitution.

Right to shelter was a part of right to life under Article 21 of the Constitution ( Right to shelter for poors in winters)

in LGBT case ,section 377 , HC found it to be violative of article 21  but at same time it also found it to be violative of Articles 14, 15 and 19 of the Constitution. so other articles also holds an importance.

SC has extended the Interpretation of Right to Life to Right to dignified life.

A dignified life includes all the basic amenities for human life like shelter,food,hygiene etc.

 

All the rights compliment/suppliement each other rather than being hierarchal.

 

Regards

Shruti Rao

[Satish Grewal]

Thanks….

 

Pls share more question so that we can check our mental level and add valuables to them …..