Articles 14 and 21 of Indian Constitution

Why in news?

• The Supreme Court has expanded the scope of Articles 14 and 21 to include the “right against the adverse effects of climate change”.

Key Highlights

• The Supreme Court was hearing a plea to protect the Great Indian Bustard (GIB) from losing its habitat due to power transmission lines.
• The court also highlighted the interconnection between climate change and various human rights, including the right to health, indigenous rights, gender equality, and the right to development.
• The SC has expanded the fundamental rights chapter from time to time to include various facets of a dignified existence.
• However, this is the first time that it has included the “right against the adverse effects of climate change”.
• The court highlighted that “States owe a duty of care to citizens to prevent harm and to ensure overall well-being”:
• “The right to a healthy and clean environment is undoubtedly a part of this duty of care.

Rationale

• Despite a plethora of decisions on the right to a clean environment, some decisions which recognise climate change as a serious threat, and national policies which seek to combat climate change, it is yet to be articulated that the people have a right against the adverse effects of climate change.
• As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right.
• It is recognised by Articles 14 and 21 which are important sources of the right to a clean environment and the right against the adverse effects of climate change.

About the Articles 14 and 21

• Article 14 of the Constitution of India reads as under: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
• Equality before law prohibits discrimination. It is a negative concept.
• The concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish equality amongst all. It is positive in character.
• Therefore, the necessary corollary to this would be that equals would be treated equally, whilst un-equals would have to be treated unequally
• Article 21 recognises the right to life and personal liberty: It lays down that, no person shall be deprived of his life or personal liberty except according to procedure established by law.
• It guarantees that life or personal liberty shall not be taken away without the sanction of law. It ensures that no person can be punished or imprisoned merely at the whims of some authority. He/she may be punished only for the violation of the law.
• By the 86th Amendment Act of the Constitution a new article 21-A has been added after Article 21. By this Amendment Act, Right to Education has been made a Fundamental Right

Essence

• Fundamental Rights are enumerated in Part III from Article 14 to 32 in the Constitution of India .
• They provide standards of conduct, citizenship, justice and fair play. They serve as a check on the government.
• Various social, religious, economic and political problems in India make Fundamental Rights important.
• These rights are justiciable which means that if these rights are violated by the government or anyone else, the individual has the right to approach the Supreme Court or High Courts for the protection of his/her Fundamental Rights.

AUKUS Expansion

Why in news?

• The AUKUS security Pact is set to begin talks on bringing new members and plans to include Japan into the group.

What is AUKUS?

• AUKUS is a trilateral defence and security partnership between Australia, the United Kingdom and the United States.
• It was established in 2021 to bolster their allied deterrence and defense capabilities in the Indo-Pacific.
• The trilateral partnership has two pillars.
• Pillar 1 revolves around the acquisition and development of conventionally armed nuclear-powered submarines for the Royal Australian Navy;
• Pillar 2 focuses on cooperation in eight advanced military capability areas: artificial intelligence (AI), quantum technologies, innovation, information sharing, and cyber, undersea, hypersonic and counter-hypersonic and electronic warfare domains.

Why was AUKUS formed?

• Increasing Presence of China: The Indo-Pacific region has witnessed increasing geopolitical tensions, including territorial disputes, military build-up, and assertive behavior by China.
• The participating countries share concerns about maintaining peace, stability, and freedom of navigation in the region.
• Technological Cooperation: AUKUS aims to enhance technological cooperation, particularly in the field of defense and security.
• Alliance Strengthening: AUKUS represents a deepening of security ties between Australia, the United Kingdom, and the United States.
• Response to Regional Dynamics: The formation of AUKUS is seen as a response to shifting regional dynamics and evolving security challenges in the Indo-Pacific.
• It reflects a broader trend of countries in the region seeking to forge closer security partnerships and alliances to address common concerns and counterbalance China’s influence.

Way Ahead

Lasting success for AUKUS in deterring regional threats and reinforcing regional stability hinges on participating states overcoming barriers to progress in technology and information sharing, and meeting benchmarks for both Pillars.

Achieving the core objectives will take years, with Pillar I likely requiring decades, even with all states moving forward at full speed.

Regardless, AUKUS still holds immediate promise for participating countries.

Critically, it will help catalyze technological innovation and enhance research and development for emerging capabilities necessary to maintain a competitive edge, strengthen defense ties, and deepen the three countries’ presence in the Indo-Pacific.