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Which one of the following is the latest addition by the Supreme Court to rights under Article 21 of the Constitution of India?
Question

Which one of the following is the latest addition by the Supreme Court to rights under Article 21 of the Constitution of India?

A.

Right to write a living will

B.

Right to privacy

C.

Right to reputation

D.

Right to internet services

Correct option is A

The correct answer is (a) Right to write a living will.

Explanation:

While the Supreme Court has expanded Article 21 to include many rights, the "Right to write a living will" is the most recent substantive addition in terms of specific conceptual evolution regarding bodily autonomy.

  • Timeline of Recognition: The concept was first established in Common Cause v. Union of India (2018), where the Court ruled that the "Right to life with dignity" includes the right to a dignified death.
  • Recent Legal Updates: In January 2023, a five-judge bench of the Supreme Court modified and simplified the 2018 guidelines. The Court made it significantly easier for citizens to execute living wills by removing the requirement for a Judicial Magistrate's countersignature, allowing a Notary or Gazetted Officer to attest the document instead.
  • Distinction from Internet Rights: While the Anuradha Bhasin (2020) case is recent, the Court primarily linked internet access to Article 19 (Freedom of Speech and Business), whereas the Living Will is a direct, high-profile expansion of the "Life" and "Liberty" aspects of Article 21.

Information Booster:

  • Definition: A Living Will is an Advance Medical Directive. It is a written document that allows a patient to give explicit instructions in advance about the medical treatment they wish to receive (or refuse) if they become terminally ill or unconscious.
  • Legal Standing: It ensures that a person's right to refuse medical treatment is respected even when they lose the capacity to communicate.
  • The "Living" Constitution: Article 21 is known as the "residuary" fundamental right because the Supreme Court constantly adds new rights to it as society evolves.

Additional Knowledge:

Right

Key Case

Year

Key Detail

Right to Privacy

K.S. Puttaswamy v. Union of India

2017

Established privacy as a fundamental right for the first time in Indian history.

Right to Internet

Anuradha Bhasin v. Union of India

2020

Defined internet access as a medium to exercise the fundamental right to free speech (Art 19).

Right to Reputation

Subramanian Swamy v. Union of India

2016

Upheld criminal defamation, stating reputation is a part of Article 21.

Right to Sleep

In Re Ramlila Maidan Incident

2012

The Court held that a person has a right to sleep as it is essential for health.

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