In recent decades, there has been a notable trend within the judiciary where judges have taken it upon themselves to broaden their interpretation of constitutional rights to address contemporary issues that were perhaps not explicitly foreseen by the framers of the constitution. This expansion often hinges on the creative application of certain key articles within the document. For instance, Article 21 of India’s Constitution guarantees the right to life and personal liberty. Over time, this fundamental right has been interpreted more broadly to encompass additional rights such as access to a healthy environment, healthcare, primary education, livelihood security, and adequate shelter.
This broad interpretation allows judges to evolve legal frameworks in response to societal changes without requiring amendments to the constitution itself. By doing so, they can address emerging challenges like pollution, climate change, or social welfare needs that are not directly mentioned in the text of the Constitution but are deemed essential for a dignified life. This approach ensures that constitutional principles remain relevant and adaptable to new circumstances, thereby enhancing the judiciary's role as an active participant in shaping public policy and societal norms.
The quote is attributed to Prashant Bhushan, an eminent Indian lawyer known for his advocacy work and significant contributions to legal reform. He frequently addresses issues related to judicial activism and the interpretation of constitutional rights in India. Bhushan’s insights reflect a deep understanding of how the judiciary can play a transformative role in society by creatively interpreting existing laws and principles to address modern-day challenges.
