Question

The constitution of India recognises the right to water under which of the following right under article 21?
a. The right of property
b. The right to life
c. The right to freedom
d. The right to equality

Answer 1

Hint:
The framers of the Constitution have made a provision for the protection of life and personal liberty under Article 21, which clearly states that any person can be deprived of his life or personal liberty according to the procedure established by law. It generally means that the executive or government will interfere in the freedom of any citizen only if he has violated any law established in the country.


Complete solution:
 After the circulation of Public Interest Litigation (PIL) in the 1980s, the judiciary interpreted the rights of life in a very detailed manner. Hence the belief changed that the fundamental right in India is only in the paragraphs mentioned in Part-3. Therefore, the provision described in the Directive Element is also a right. The judiciary saw an organic unity in the provision of the entire constitution. Accordingly, the provisions mentioned in the Directive Elements also need to be kept in mind while interpreting the right to life. According to the court, giving a person a wage below the set price is also a violation of the right to life. Whereas this provision lies in the right against exploitation. According to the judiciary, the following things are inherent in the right to life - Right to minimum livelihood. Right to health. Right to free primary education. Right to a clean environment (water, air etc.). Speedy Justice Right to privacy Right to be protected from harassment of women at the workplace. Right to food. Right to shelter. Right to electricity.

The Constitution provides special protection to the Fundamental Rights chapter. According to which Article-13 (2) empowers the court to inspect statutes which have abolished, changed and amended the fundamental rights and if any statute violates the fundamental rights, the court shall declare those statutes void Can do.


Hence, the correct answer is option B.

Note:
The Supreme Court had already instructed in Mohini Jain suit that primary education should be compulsory and free for all children. The Directive Elements chapter of the Constitution also provides for compulsory and free education for children below 14 years of age. To implement these provisions in practice, the 86th Constitution Amendment, 2002 was made in the Constitution. By which Article-21 (A) was added to the chapter on Fundamental Rights, in which it was provided by the state that the provision of compulsory and free education to the children of 6-14 years will be made, which will be implemented by the state law. This has greatly expanded the right to life. In the year 2009, an Act was enacted by Parliament to provide free and compulsory education, which is also called the Right to Education Act.