Right To Industrial Development As A Fundamental Right Under The Indian Constitution: A Critical Legal Analysis
- IJLLR Journal
- 1 hour ago
- 1 min read
Suhani, B.A LL.B., National University of Study and Research in Law, Ranchi.
ABSTRACT
This research paper is a critical examination of the concept of the right to industrial development as one of the fundamental rights listed under the Indian Constitution. Against the background of India's changing socio- economic landscape, industrial development is turning out to be the main driver of both national progress and individual welfare. The paper studies constitutional provisions, mainly Articles 14, 19(1)(g), and 21, as well as the Directive Principles that deal with economic development, to gauge their significance in defining industrial growth as a constitutional mandate.
By employing doctrinal legal research methods and analysing case law, the study delves into the court interpretations of the right to development and the subsequent industrialization, environmental sustainability, and social justice issues. It reveals that, within the fundamental rights framework, the industrial development is recognized in a complex manner, depending on whether there is a proper balance between economic interests, on the one hand, and environmental and human rights obligations, on the other.
The research points out that the judiciary is instrumental in resolving these opposing interests and at the same time, it is calling for clearer legislative provisions that would make the industrial development an enforceable fundamental right. This paper argues that industrial development, though not explicitly guaranteed, can be constitutionally derived as a conditional fundamental right subject to sustainability and human rights safeguards.
