UPPSC 2019 (Mains General Studies Paper-2)
UPPSC 2019 (Mains General Studies Paper-2)
Section-A
1. Describe the objectives and impact of Atal-Bhujal Yojana.
Ans. Atal Bhujal Yojana aims at improving ground water management through community participation in identified priority areas in seven States, i.e. Gujarat, Haryana, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan and Uttar Pradesh. It is an initiative for ensuring long term sustainability of ground water resources in the country.
The scheme, also known as “Atal Jal”, aims to promote panchayat led ground water management and behavioural changes in practices of ground water utilization.
> Expected impact of Atal-Bhujal Yojana:
1. Source sustainability for Jal Jeevan Mission in the project area with active participation of local communities.
2. Promoting participatory ground water management.
3. Improved water use efficiency on a mass scale and improved cropping pattern.
4. Will contribute towards the goal of doubling the farmers’ income.
5. Promotion of efficient and equitable use of ground water resources and behavioural change at the community level.
Additional Notes: Atal Jal is a central sector scheme to be implemented over a period of five years (2020-21 to 2024-25). Atal Bhujal Yojana has two major components:
1. Institutional strengthening and capacity building for sustainable ground water management.
2. Incentivising the states for achievements in improved ground water management practices.
The last few decades have seen exponential growth in extraction of groundwater. The largest use of ground water is for irrigation. Atal Jal scheme attempts to rationalize the indiscriminate use of ground water resource and improve the efficiency to ensure sustainability of this precarious resource.
2. Briefly state the role of National Human Rights Commission in India
Ans. The National Human Rights Commission (NHRC) is a statutory body established in 1993 under the Protection of Human Rights Act, 1993. NHRC is the watchdog of human rights in the country.
> Role of NHRC can be stated as:
> To intervene in any proceedings involving allegations of violation of human rights.
> To inquire into any violation of human rights or negligence in the prevention of such violation.
> To visit jail and detention places to study living conditions of inmates.
> To review the constitutional and other legal safeguards for the protection of human rights.
> To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
> To encourage the efforts of non-governmental organisations in the field of human rights.
> To undertake and promote research in the field of human rights.
> To spread human rights literacy among the people.
Additional notes: The NHRC can take suo-moto cognizance of the offence and can initiate inquiry at its own. However it has no power to punish the violation of human rights. Also its recommendation are not binding on the concerned government or authority. Therefore NHRC is sometimes called as a toothless tiger.
3. “The traditional quality of Civil Services has been neutrality”, explain it.
Ans. Neutrality in civil services means a non-partisan attitude and impartial behaviour. A civil servant must not be associated with any political party or ideology. He is expected to co-operate any political party in power notwithstanding his personal political ideologies.
Neutrality in the civil services is required to uphold the public confidence in civil services. Neutrality brings the confidence of political executive when there is a change in regime. In absence of mutual trust between the executive and bureaucracy they can’t work together in larger public interest. However political neutrality is no longer the accepted norm in the bureaucracy. Change in regime often see massive transfer of civil servants.
It is also argued that political neutrality works well for the first world but not in case of India. In order to maintain neutrality, officer may become indifferent to social policies in changing regimes.
The unethical nexus between civil servants and politicians in many corruption cases shows that the neutrality in civil services is in danger.
4. What are the main irritants in Indo-Nepal bilateral relations ?
Ans. Major irritants in Indo-Nepal bilateral relations:
1. River water disputes: Nepal is not contented with its share of water in Sarada Barrage built by India on the Mahakali River.
2. China’s influence: Growing Sino-Nepal relations under the Belt and Road Initiative (BRI) has serious implications for India. Nepal is consistently trying to diminish its trade dependence on New Delhi.
3. Hostile policies of Oli’s regime: Recent decisions desired to balance China against India. E.g. Nepal walked out BIMSTEC joint military exercise.
4. India’s security concerns: India has a long and open border with china, which could potentially be used for infiltration by Pakistani and left wing extremists.
5. Different perception of border: India and Nepal has differing understanding of border at Kalapani.
6. India failed commitments: India could not fulfil Nepalese expectations of developing hydropower. Besides India’s investment in Nepal pales in comparison to those of China
However despite of all irritants and challenges India-Nepal ties must be dominated by opportunities of future, not frustrations of past. Additional notes: Recently Nepal endorsed the country’s new map that includes territories with India Limpiadhura, Lipulek and Kalapani becoming fresh irritant in the Indo-Nepal relations. Nepal’s present regime (2021) has consistently taken stands that are hostile to India’s national interest. However Indo-Nepal relations are bound by cultural and people to people ties as rightly described by India’s defence minister Rajnath Singh as “Roti-Beti ka Rishta”. Therefore it becomes pertinent that India deals with the present Nepalese regime with a rational approach keeping in view the lager interest of both nations in the long run. –
5. Write a note on Citizen’s Charter.
Ans. The citizen’s charter is a written, voluntary declaration by service providers about their service standards, choice, accessibility, transparency and accountability. Citizens’ Charters initiative is a quest for solving the day to day problems which a citizen encounters while dealing with the organisations providing public services.
The main objectives of Citizens Charter are:
> Improving the quality of services.
> To make administration accountable.
> Providing choice wherever possible.
> Specifying the standards of services.
> Ensuring value for the taxpayer’s money.
> Fixing accountability of Individuals and Organisations.
The Citizens’ Charters initiative in India had started in 1997 and the Charters formulated are in a nascent stage of implementation. The major obstacles in implementing Citizens’ Charters are:
> The consultation process was minimal or largely absent.
> Lack of training and orientation.
> Frequent transfers in organisations hampered the progress of the initiative.
> Lack of awareness among clients.
> Often the standards and norms of services are unrealistic.
6 Describe the Vulture conservation Project of Uttar Pradesh government
Ans. Uttar Pradesh government will set up state’s first vulture conservation and breeding centre in the Bhari Baisi village in Pharendra tehsil under the Gorakhpur Forest Division.
The “Jatayu Conservation and Breeding Centre” in UP’s Maharajganj district would be the first scientific assessment to find out the level of threats to vultures and the locations where these natural scavengers are thriving. It would be a joint project of the Bombay Natural History Society and the Wildlife Research Institute.
A budget of 82 lakh has been approved by the state government and the complete project would cost an estimated 4-5 crore rupees.
In the first phase, infrastructure of the centre will be built, while work for conservation of vultures will be done in the second phase. In the third phase, the breeding of vultures will start so that a certain number of vultures could be left in the forest.
Additional Notes: There has been a sharp decline in the population of vultures in the country which has come down from 40 million to 19,000 in a span of over three decades. The main cause behind their death is an imported lethal drug called diclofenac which leads to crystallization in their kidneys. As per the 2013-14 census, around 900 vultures were found in 13 districts of Uttar Pradesh.
7. The philosophy of Indian democracy is embodied in the preamble of the Constitution of India. Explain.
Ans. The preamble envisions democracy in a broader sense embracing not only political democracy but also social and economic democracy.
The preamble states that India is sovereign state i.e. free to conduct its own affairs. Also preamble embodies India as a socialist state. The Indian constitution embodies the positive concept of Secularism i.e. all religions in our country have same status and support from state.
The preamble declares India to be a Republic i.e. the head of state is to be elected in a democratic manner. Besides preamble embraces social, economic and political justice, secured through various fundamental rights and Directive Principles.
The preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship. Also preamble secures to all citizens equality of status and opportunity. The constitution promotes the feeling of fraternity by system of single citizenship.
Therefore preamble embodies the basic philosophy and fundamental values i.e. political, moral and religious on which the Indian Constitution is based.
8. Critically examine the main elements of the Representation of People’s Act.
Ans. Article 324 to 329 of the Constitution empowers the Parliament to make provisions in all matters relating to elections to the Parliament and State Legislatures.
Hence the parliament enacted the Representation of Peoples Act 1951. The RPA 1951 provides for:
> Conduct of elections to the Parliament and to legislatures of each State.
> Details about the structure of administrative machinery for the conduct of elections
> Qualifications and disqualifications for membership.
> Corrupt practices and other offences and the decision of doubts and disputes arising out of or in connection with such elections.
> Spending limit in the Lok Sabha and state assembly election.
> It provides for by election.etc
However there are certain issues that questions the efficiency of RPA, 1951 and elections commission in conducting a non-biased election.
> Major announcements immediately before elections.
> Declaration of freebies by the parties.
> Transfer of top officials before election raises suspicion.
> Violation of model code of conduct (MCC)
> Additional notes:
Recent amendments to Representation of People’s Act 1951:
> Section 126A which banns exit polls till the time of elections were over.
> Section 8(4) was repealed. Convicted MPs, MLAs cannot contest.
> Section 62(2): a person post detention can contest elections.
> Section 20A allows NRI to vote via postal ballot system.
> Reforms introduced by Supreme court in the electoral process.
> The court directed the EC to provide the NOTA button in the EVM.
> Candidates to provide information of their criminal antecedents.
> All those in lawful police or judicial custody will forfeit their right to stand for election.
> VVPAT is indispensable for free and fair elections.
> Election Commission to frame guidelines for regulating contents of
manifestos.
9. Describe the procedure of creation and abolition of Legislative Council in States. Why did the Andhra Pradesh State Assembly pass a resolution to abolish the State’s Legislative Council? Explain in short.
Ans. The Legislative Council or Vidhan Parishad is the upper house in states having a bicameral legislature.
Article 169(1) of the Constitution allows Parliament to either create or abolish a Council in a state if the Legislative Assembly of the concerned State passes a resolution to that effect.
Such a resolution must be passed by a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting.
The present regime of Andhra Pradesh is in minority in the Legislative council (with just nine members in the 58 member house).
The Jagan Mohan Reddy government claims that the upper house is consistently used to block the crucial bills of the government, most notably the bill to create three capitals.
Besides a second house is cited as a burden on the state exchequer. Also the council is used to park the leaders who have not been able to win an election. Therefore the Andhra Pradesh government wants to do away with the State Legislative Council.
Additional Notes: Article 169 leaves the choice of having a Legislative Council to individual states. At present Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh have legislative council. Before the abrogation of Article 370, J&K also had a bicameral legislature.
10. Describe the main provisions of the Citizenship Amendment Act (CAA), 2019.
Ans. The Citizenship Amendment Act (CAA) 2019 made amendments in the Citizenship Act, 1955. The Act provides that certain illegal migrants are not to be treated as illegal migrants if they fulfil the following conditions i.e.
> They are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians.
> They are from Afghanistan, Bangladesh or Pakistan
> They entered India on or before December 31, 2014.
> The Act will not apply to certain areas i.e.
> The tribal areas of Assam, Meghalaya, Mizoram, and Tripura, as included in the Sixth Schedule to the Constitution.
> The states regulated by the “Inner Line” i.e. Arunachal Pradesh, Mizoram and Nagaland.
The rationale behind the Act is that these countries have a state religion,
which has resulted in religious persecution of minority groups.
The Act also amends the provisions on registration of Overseas Citizens of India (OCI). Violation of any law notified by the central government is now a ground for cancelling OCI registration.
Additional Notes: Any provision which distinguishes between two groups may violate the standard of equality guaranteed under Article 14 of the Constitution, unless one can show a reasonable rationale for doing so. The Act provides differential treatment to illegal migrants on the basis of
(i) Their country of origin.
(ii) Their religion.
(iii) Their date of entry into India.
(iv) Their place of residence in India. The Act notifies the religious persecution as ground for granting citizenship, however he Act failed to address the religious persecution of Tamil Eelams (a linguistic minority) in Sri Lanka and the Rohingya Muslims in Myanmar. Further other religious minorities such as the Ahmadiyya Muslims in Pakistan and atheists in Bangladesh have been excluded from the purview of the Act. The passage of Citizenship Amendment Act (CAA) 2019 saw widespread protest and violence in the country. There have been multiple petitions pending in the Supreme Court challenging the CAA, 2019.
>>Section-B
11. What is meant by Digital India? Discuss its various pillars and challenges
Ans. Digital India is an umbrella programme that covers multiple Government Ministries and Departments. It weaves together a large number of ideas and thoughts into a single, comprehensive vision so that each of them can be implemented as part of a larger goal. Digital India aims to provide the much needed thrust to the nine pillars of growth areas. The nine pillars of Digital India are:
> Broadband Highways
> Universal access to mobile connectivity
> Public Internet Access Programme
> E-Governance: Reforming Government through Technology.
> e-Kranti – Electronic Delivery of Services
> Information for All
> Electronics Manufacturing
> IT for Jobs
> Early Harvest Programmes
Some of the challenges and drawbacks of Digital India Mission are:
> The internet speed as well as the Wi-Fi hotspots are slow as compared to other developed nations.
> Most of the small and medium scale industry has to struggle a lot for adapting to the new modern technology.
> Limited capability of entry-level smartphones for smooth internet access.
> Lack of skilled manpower in the field of digital technology.
> There is a gap of one million cyber security experts to check and monitor the growing menace of digital crime.
> Lack of user education.
However despite of all challenges the Digital India programme aims at pulling together many existing schemes. These schemes will be restructured, revamped and re-focused and will be implemented in a synchronized manner.
12. Describe the National Biodiversity Authority.
Ans. The National Biodiversity Authority (NBA) is a statutory body established in 2003 by the Central Government to implement the Biological Diversity Act, 2002.
The Biological Diversity Act, 2002 was born out of India’s attempt to realise the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which recognizes the sovereign rights of states to use their own Biological Resources.
The National Biodiversity Authority performs facilitative, regulatory and advisory function for Government of India on issue of Conservation and sustainable use of biological resource.
National Biodiversity Authority also issue guidelines for access to biological resources and for fair and equitable benefit sharing.
All grievances related to the determination of benefit sharing or order of the National Biodiversity Authority are taken to the National Green Tribunal (NGT).
Besides the National Biodiversity Authority advices the State Government in the selection of areas of biodiversity importance.
The National Biodiversity Authority may, on behalf of government of India take any measures necessary to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India. The NBA consists of a Chairperson, five non-official and ten ex-officio members to be appointed by the Central Government to represent various Ministries. It is headquartered in Chennai, Tamil Nadu.
13. Write a note on the role and importance of “Sugamya Bharat Abhiyan”
Ans. Section 44, 45 and 46 of Persons with Disabilities (PwD) Act, 1995 deals with non-discrimination in transport, on the road and in the built environment. The ‘Sugamya Bharat Abhiyan’ or Accessible India Campaign is a nationwide Campaign launched in 2015 by Department of Empowerment of Persons with Disabilities (DEPwD) of Ministry of Social Justice & Empowerment.
It aims to achieve universal accessibility for all citizens including Persons with Disabilities. The key components of Accessible India Campaign are:
> Create Mass Awareness
> Capacity Building
> Interventions (Technology solutions, Legal framework, Resource generation)
> Leverage corporate sector efforts including CSR resources.
> Leadership endorsements.
The Sugamya Bharat Abhiyan aims to make at least 50% of all the government buildings of the National Capital and all the State capitals fully accessible for persons with disabilities by July 2018. It also covers all the airports and major railway stations.
India is a signatory to the UN Convention on the Rights of Persons with Disabilities (UNCRPD). India has around 80 million people with disability and the Sugamya Bharat Abhiyan is a major step in realizing India’s commitment towards its disabled population.
The government’s Smart Cities Mission offers a great opportunity to ensure
inclusion and participation of persons with disabilities.
The government is committed towards socio-economic transformation (Swavlamban) of the persons with disability by year 2020. Therefore the role of Sugamya Bharat Abhiyan becomes important in ensuring universal accessibility to persons with disability.
14. Is India a powerful claimant of permanent membership in the Security Council? Give a reasoned answer.
Ans. India representing one-sixth of the global population has a rightful claim to the permanent membership of the United Nations Security Council (UNSC). India has always pushed for the long-pending reforms of the Security Council. One of the key historic reasons for India’s quest for a permanent seat at the UNSC is to ensure the protection of its national interests in crucial diplomatic moments.
> Arguments supporting India’s claim for a permanent seat in UNSC:
> Being a founding member, India has always participated and supported the United Nations in all its endeavours.
> India funds the UN substantially and is also a leading contributor the peace-keeping operations of the UN.
> India is a major emerging economic power & follows an independent foreign policy.
> India is the largest democracy of world and also the 3th largest military power.
> The current composition of UNSC reflects the post-world war era world order and do not represent the present power structure.
> There is no representation of South Asia and South East Asia in the UNSC.
> China with its Veto power has consistently harassed India in pursuing its National interest in a democratic manner.
Reform of the UNSC needs an amendment of the Charter, and the P5 members are totally opposed to it. However it should be noted that that the UNSC has to be reformed if it has to remain relevant.
15. Discuss the impact of climate change on developing countries.
Ans. The effects of climate change will not be uniformly distributed across the globe. Developing countries are more likely to disproportionately experience the negative effects of global warming.
Many developing countries have naturally warmer climates than those in the developed world. Also the developing countries rely more heavily on climate sensitive sectors such as agriculture, forestry and tourism.
According to the World Bank the Sub-Saharan Africa and South and South East Asia are the region highly vulnerable to climate change.
With a moderate rise in global temperatures regions such as Africa will face declining crop yields and will struggle to produce sufficient food for domestic consumption.
Developing countries may also be less likely to create drought resistant harvests given the lack of research funding.
The increased frequency and severity of extreme weather will cost heavily on budgets of developing nations.
The time required to recover from natural disasters will be prolonged and many developing economies could remain in a constant state of reconstruction. In South Asia, cities such as Kolkata and Mumbai will face increased flooding, warming temperatures and intense cyclones.
The fast melting glaciers in the Himalayas will reduce the flow of water into the Indus, Ganges and Brahmaputra basins.
The Vietnam’s Mekong Delta, which is one of the most important rice yielding region is highly vulnerable to rising sea levels.
For Sub-Saharan Africa, food security will be a major challenge due to droughts and shifts in rainfall.
16. What are the causes behind the recent USA and Iran tensions? How this tension will affect the national interest of India? How should India respond to this situation? Discuss.
Ans. Backdrop of US-Iran relations: In 2015, Iran agreed to a long-term deal on its nuclear programme with major world powers. Under the accord, Iran agrees to limit its sensitive nuclear activities and allow in international inspectors in return for the lifting of crippling economic sanctions.
However US President Donald Trump unilaterally abandons the nuclear deal in 2018 and reinstated economic sanctions against Iran. Subsequently Iran’s economy went into a deep recession.
Relations between the US and Iran worsened in May 2019, when the US tightened the sanctions targeting Iran’s oil exports. In response, Iran began a counter-pressure campaign.
The USA-Iran tension has a direct bearing on India. India imports around over 60 per cent of its crude oil from the Middle East. Any serious conflict in Middle East region will substantially increase consumer prices in India. US sanctions on Iran has forced India to look for other sources of oil.
Rising US-Iran tensions massively hinders India’s foreign policy agenda. Development of the Chabahar Port would be halted in a conflict ridden Iran.
USA and Iran are incredibly strategic for India. India cannot lose an important ally in America. Simultaneously, however our energy security is heavily dependent on Iran.
India needs to play an active role to ensure that US and Iran somehow work it out without resorting to a full-scale conflict. A hand of help should be offered to both Iran and the USA to alleviate tensions.
Additional Notes: In June 2019 Iranian forces shot down a US military drone over the Strait of Hormuz. In January 2020, Iran’s top military commander, Gen Qasem Soleimani was killed by a US drone strike in Iraq, thus taking the US-Iran relation to a new low. United States saw a change in regime in 2021. Whether the new President Joe Biden follows the Trump’s policies on Iran or charts a new way is yet to be seen.
17. What do you understand by ‘Bodo Problem’? Do you think that the Bodo Peace Agreement 2020 will ensure the development and peace in Assam? Evaluate.
Ans. Bodos are the single largest tribal community in Assam, making up over 5-6 per cent of the state’s population. They have controlled large parts of Assam in the past.
The Bodos have had a long struggle. The first organised demand for a Bodo state came in 1967. Bodo people are facing problems like illegal immigration, encroachment of their lands, forced assimilation, loss of language and cultural identity. The Union government signed the Bodo Peace Agreement 2020 which saw coming of all factions of the armed groups together. The 2020 agreement is significant in the sense that that it marks the end of the armed movement. The centre is hopeful that the demand for statehood would came to end with the Accord. The new Accord provides:
> Alteration of area of BTAD and provisions for Bodos outside BTR.
> Bodo-Kachari Welfare Council for focused development of Bodo villages outside BTR.
> Bodos living in the hills would be conferred a Scheduled Hill Tribe status. Rehabilitated of around 1500 cadres of NDFB by the Central and the state governments.
> Families of the people killed in violence would get 75 lakh each.
> A Special Development Package of 1500 crore for the development of Bodo areas.
Comprehensive solutions have been made to redress the grievances of the people. The accord will successfully bring together leading stakeholders and
would ensure peace and development in Assam.
Additional Notes: The Bodoland region is in western Assam. The four districts in Assam i.e. Kokrajhar, Baksa, Udalguri and Chirang that constitute the Bodo Territorial Area District (BTAD), are home to several ethnic groups. In 2019 National Democratic Front of Bodoland (NDFB), an organisation that is known to be involved in killings, and extortions has been declared as “unlawful association” under the Unlawful Activities (Prevention) Act, 1967.
18. What do you understand by ‘Doctrine of Basic Structure’? Analyse its importance for Indian Constitution.
Ans. Article 368 of the Constitution gives Parliament the power to amend the Constitution. However, this power of the Parliament is not absolute. The Doctrine of Basic Structure has evolved from various Supreme Court judgements. According to the Basic Structure Doctrine, any amendment that tries to change the basic structure of the constitution is invalid. In the Golak Nath case 1953, the Supreme Court held that any amendment that encroaches the Fundamental Rights is void.
In the Kesavananda Bharati Vs State of Kerala case, 1973, the apex court
held that Parliament could amend any part of the Constitution so long as it did not alter or amend the “basic structure” of the Constitution.
Consequently in the Minerva Mills case, 1980 the Supreme Court provided clarity to the basic structure doctrine and held that the power of amendment under Article 368 is limited.
The Supreme Court is yet to define what constitutes the basic structure of the constitution. However it has provided an illustrative list of what may constitute the basic structure.
> Importance of basic structure doctrine:
> It is a judicial innovation to ensure that the power of amendment is not misused by Parliament.
> It protects the constitution from any brute attempt by a majority government to alter the basic nature of Indian constitution.
> It protects the Indian democracy from degenerating into authoritarian regime.
> It helps us to retain the basic tenets of our constitution.
> It ensures the Rights to Citizens as against the state.
> It strengthens our democracy by delineating a true separation of power.
Additional Notes: Through various judgements, the following has emerged as basic structure of the constitution:
> Supremacy of the constitution.
> Democratic and republican nature of polity.
> Secular character of constitution.
> Federalism
> Welfare state
> Judicial review
> Rule of law
> Parliamentary system.
> Free and fair elections.
> Independence of judiciary.
> Limited power of parliament to amend constitution.
> Unity and integrity of the constitution.
19. Discuss the emerging role of the Prime Minister in India.
Ans. Despite the constitutional provisions of the Westminster model of cabinet government in India, the Prime Minister is the undisputed chief of the executive.
The current Prime Minister has earned legitimacy from the people, independent of his constitutional and institutional power structure.
In the Indian federal setup, a Prime Minister with a national image can be more powerful than an individual who is identified with a region. The popularity of present Prime Minister shows that India has reached the stage of a prime ministerial government.
Prime Minister with his initiatives and reforms has gained the image that is much wider than his constitutional powers.
May it be the Swacha Bharat Abhiyan or the call to renounce subsidies on LPG, the office of Prime Minister has become a mobilizing force with its mass social base.
Besides the work done at the global level has earned him the image of a world leader. India with its Prime Minister now has become more vocal at international platforms.
At present the Prime Minister’s Office (PMO) is claimed to be the strongest PMO since Mrs Gandhi’s. Through many action Prime Minister has established that power in the government would vest in the PMO.
The present P.M has put in place an alternate ‘Idea of India’ without making any fundamental changes to the Constitution of India. The ideas of Prime Minister has percolated to new economic institutions and socio-cultural institutions as well.
Additional Notes: Article 74(1) of the Indian Constitution states that the Prime Minister shall be the head of the Council of Ministers and should aid and advise the President in the exercise of his functions.
20. Examine the Right to Life in the Constitution of India.
Ans. Article 21 of the Constitution guarantees the right to “Protection of Life and Personal Liberty” as fundamental Right. That is no person shall be deprived of his life or personal liberty except according to procedure established by law.
The right to life is undoubtedly the most fundamental of all rights since none of the other rights would have any utility without it.
Supreme Court through its various judgements has explained the scope of Right to Life. In the famous Gopalan case 1950 Supreme Court gave narrow interpretation of the Article 21. However the apex court in Menaka case, 1978 gave a wider interpretation of Article 21. It has declared the following rights as part of Article 21:
> Right to live with human dignity.
> Right to livelihood.
> Right to health.
> Right to decent environment.
> Right to shelter.
> Right to privacy
> Right to free legal aid
> Right against solitary confinement
> Right to information
> Right against handcuffing, etc.
Right to life is fundamental to our very existence without which we cannot live as a human being. It includes all those aspects of life, which go to make a man’s life meaningful, complete, and worth living. It is the only article in the Constitution that has received the widest possible interpretation.
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