UPPCS Mains- 2018 answer writing practice
Q1) India is described as ‘indestructible union of destructive states’ while USA is described as an ‘indestructible union of indestructible states’ Explain.
भारत को ‘विभाज्य राज्यों का अविभाज्यसंग’ कहा जाता है जबकि संयुक्त राष्ट्र अमेरिका को ‘अविभाज्य राज्यों का अविभाज्य संघ’ कहा जाता है समझाएं|
Q2) Supreme court has continuously expanded the definition of life and personal liberty under article 21 discuss
उच्चतम न्यायालय के अनुच्छेद 21 के तहत जीवन एवं व्यक्तिगत स्वतंत्रता के अधिकार को लगातार विस्तार किया है| चर्चा करें|
1. The term ‘Union’ in article 1 of the constitution signifies:
- Indian federation is not the result of an agreement by the units.
- Component units have no freedom to secede from it.
India is a ‘holding together’ federation, where a larger unit decides to divide its power into several constituent units and the national government. However, article 3 allows creation of new states; altering the boundaries. The above implies India is an indestructible union with destructible states.
The United States of America is a ‘coming together’ type of federation. This means that all the states have equal power. They pool sovereignty and retain their identity (i.e. autonomy) to increase their sense of security. The constitution of USA allows the state to frame their own constitution as per local needs. The residuary power lies with the state. The above implies USA is an indestructible union with destructible states.
- Article 21 of the constitution declares that no person shall be deprived of his personal liberty except according to the procedure established by law. Post independence, the Supreme Court interpreted the article literally and in ‘Gopalan’ held that the state can deprive to life and personal liberty of a person based on a law.
But in ’Menaka Gandhi’ the Supreme Court overruled its judgment and took a wider view. It ruled that the person’s life and liberty can be deprived by a law but that must be reasonable and fair. Thus, it introduced the American version- due process of law.
It further held that ‘right to life’ is not merely confined to animal existence but life with human dignity. Subsequently, the court has expanded the definition in article 21 to include – right to privacy, shelter, health, information etc.