Constitutionalism And Human Rights In India: Challenges In Enforcement And The Role Of The Judiciary
- IJLLR Journal
- Mar 27
- 1 min read
Vaishnavi Soni, B.A.LL.B., Amity Law School, Amity University Lucknow Campus, Uttar Pradesh
Mr. Abhishek Mishra, Assistant Professor, Amity Law School, Amity University Lucknow Campus, Uttar Pradesh
ABSTRACT
This paper provides a critical examination of the relationship between constitutionalism and human rights in India, emphasizing the judiciary's role as a key protector of constitutional rights. It contends that despite having a strong constitutional framework, the practical achievement of human rights is still hindered by structural and institutional weaknesses. Utilizing a doctrinal approach, the research explores constitutional provisions, foundational principles, and significant judicial rulings, such as Kesavananda Bharati v. State of Kerala, Maneka Gandhi v. Union of India, Vishaka v. State of Rajasthan, and Justice K.S. Puttaswamy v. Union of India, to illustrate how judicial creativity has broadened the interpretation of fundamental rights, especially under Article 21.
The paper argues that tools like public interest litigation have improved access to justice and fortified rights-based governance. Nonetheless, ongoing difficulties such as socio-economic disparities, bureaucratic inefficiency, and legal delays persist in hindering enforcement efforts. It concludes that although the judiciary has played a crucial role in promoting human rights law, the strengthening of constitutionalism in India ultimately relies on institutional accountability, effective execution, and ongoing structural reform.
Keywords: Constitutionalism, Human Rights, Judicial Review, Public Interest Litigation, Article 21, Access to Justice.
