A Living Constitution rejects rigid textualism and evolves with time to meet the changing needs of society while upholding core constitutional values. According to Woodrow Wilson, Constitution must be Darwinian in structure and in practice.
Dynamism of Indian Constitution
Expanding Interpretation of Fundamental Rights. Eg- Right to internet access
Judicial Doctrines – Eg- Basic Structure Doctrine (Kesavananda Bharati, 1973)
Democratic and Federal Evolution through constitutional amendments (over 100 so far)
Constitution made for Progressive Society
Social Justice – Abolition of untouchability (Article 17), reservation policies
Gender Equality – Guarantees of equal rights (Articles 14-16)
Political equality – Universal Adult Franchise
Vision for a welfare state – Article 39(b)(c) (equitable distribution of resources) and Article 45 (free and compulsory education).
Secularism & Fraternity – Promotes unity in diversity, preventing majoritarian domination while protecting minority rights.
Expanding Horizons of Right to Life and Personal Liberty (through SC judgments)
Right to Livelihood – Recognised in Olga Tellis v. Bombay Municipal Corporation (1985), linking livelihood to dignity of life.
Right to Education – Unni Krishnan v. State of Andhra Pradesh (1993) paved way for RTE Act, 2009.
Right to Clean Environment – Subhash Kumar v. State of Bihar (1991) connected the environment with quality of life.
Right to Health – In Paschim Banga Khet Mazdoor Samity (1996), SC held that the state must provide adequate healthcare.
Right to Privacy – Justice K.S. Puttaswamy v. Union of India (2017) declared privacy intrinsic to personal liberty.
Right to Die with Dignity – Common Cause v. Union of India (2018) legalised passive euthanasia.
Right to Internet Access – Anuradha Bhasin v. Union of India (2020) recognised internet as essential for speech, trade, and education.
Right to Marry a Person of Choice – Shafin Jahan v. Asokan (2018) upheld liberty in matters of marriage.
Expanding Horizons of Right to Life and Personal Liberty (Through Amendments)
44th Amendment Act (1978) – Imposed limitations on Emergency powers by ensuring that Articles 20 and 21 cannot be suspended even during a National Emergency.
86th Amendment Act (2002) – Inserted Article 21A, making Right to Education (6-14 years) a fundamental right under Article 21.
The Indian Constitution, through its dynamism, has transformed into a progressive charter of human rights. As Granville Austin remarked, the Constitution is a “social document aiming at transforming society through law.”