CAN THE CONSTITUTION PROTECT INDIVIDUAL DIGNITY?

Last Updated on 20th December, 2024
4 minutes, 0 seconds

Description

Copyright infringement not intended

Picture Courtesy: https://lawfoyer.in/article-21-guardian-of-right-to-life-and-personal-liberty-under-indian-constitution/

Context:

The conflict between the Constitution's emphasis on individual dignity and a politics that imposes permanent identities, endangering freedom, democracy, and constitutional values.

What is the main concern about community identity in relation to individual freedom?

The main concern is that community identity, whether based on caste, religion, or nation, may compromise individual liberty. These identities can limit individual expression and autonomy, reducing people to categorise rather than valuing their uniqueness.

How does the expansion of executive power impact the Constitution?

The expansion of executive power compromises the checks and balances that are foundational to the Constitution. Major political parties have failed to be vigilant in limiting excessive executive power, which undermines the balance of government and erodes democratic principles.

How does the Constitution address economic justice and social equality?

The Constitution makes economic structure questions open, recognising that they must be continually debated through democratic processes. It does, however, acknowledge the importance of economic justice and inclusion for democracy to function properly. The Constitution stresses that the democratic process cannot succeed if economic justice is not addressed.

How does the modern political landscape challenge the Constitution's ideals?

Modern politics has resulted in the permanent establishment of identities, mainly those based on caste, religion, or other ascriptive factors. This has resulted in a conflict between the constitution's objective of freeing people from fixed identities and the growing demand to represent these identities within the constitutional framework. 

The Constitution was designed to promote individual liberty and dignity, but now faces the challenge of balancing its vision with politics that aims to establish permanent social divisions.  

 What are the constitutional provisions for protecting individual dignity in India?

The Indian Constitution contains several provisions to protect individual dignity, including Fundamental Rights and Directive Principles of State Policy.

Fundamental rights (Part III of the Constitution)

The Right to Equality (Articles 14-18) guarantees equality before the law and prohibits discrimination based on caste, creed, gender, or religion. This ensures that everyone is treated fairly and respectfully.

The right to freedom (Articles 19-22) includes the freedom to speak, assemble, move, live, and work. These liberties enable people to express themselves and live with dignity.

The Right Against Exploitation (Articles 23-24) prohibits human trafficking, forced labour, and child labour, thereby protecting individuals from exploitation and preserving their dignity.

Directive Principles of State Policy, Part IV

It guides the government to develop policies that promote social justice and equality. For example, Article 39(a) guarantees citizens access to a decent standard of living, which contributes to their dignity and well-being.

Must Read Articles: 

THE INDIAN CONSTITUTION: IMPORTANT THINGS YOU SHOULD KNOW

Source: 

Indian Express

 

PRACTICE QUESTION

Q.Critically analyze the impact of the tension between individual dignity and the politics of permanent identities on the core values of the Indian Constitution. (250 words)

Free access to e-paper and WhatsApp updates

Let's Get In Touch!