Comparative Evaluation Of Right To Dignity Under Constitution Of India And Human Rights Authority Of The United Kingdom: Propounding A Hybrid Framework For The Preservation Of Rights
Manish Majumder, BBA LLB, Department of Law, University of Engineering and Management, Kolkata (UEMK)
ABSTRACT
Human dignity occupies a core constitutional norm, notwithstanding remaining conceptually indeterminate. This research examines a key jurisprudential question: nevertheless, both jurisdictions share a common-law lineage, India acknowledges dignity as a rights-producing doctrine, whereas United Kingdom confines it to restrained interpretive framework. Employing a combined doctrinal and comparative methodology, the research interrogates core judgments of Indian Supreme Court, UK Supreme Court, and ECtHR to identify critical structural components, notably intensity of judicial review and scope of constitutional entrenchment. The evaluation demonstrates that this discrepancy is structurally inevitable, as strong-form constitutional architecture of India constitutionalizes dignity as a substantive “Basic Structure” element while weak-form architecture of United Kingdom treats it as an interpretive construct mediated through Human Rights Act 1998. To mitigate competing concerns of judicial excess and insufficient protection of rights, this research articulate a Hybrid Dignity Framework. The framework integrating substantive constitutional guarantees of India with democratic procedural constraints of United Kingdom, advances a principled trajectory for progression of worldwide dignity jurisprudence.
Keywords: Human Dignity, Basic Structure, Parliamentary Sovereignty, Human Rights Act 1998, Hybrid Framework
