Transformative Constitutionalism In India: Promises & Practices Of The Human Rights
- IJLLR Journal
- 2 hours ago
- 2 min read
Ashutosh Kumar Gautam, Senior Research Fellow, Faculty of Law, University of Lucknow, U.P., India
Chandra Bhushan Kumar, Research Scholar, School of Legal Studies, Department of Human Rights, Babasaheb Bhimrao Ambedkar University, Lucknow, U.P., India
ABSTRACT
The Constitution of India represents a broad vision of human rights, which relies on such international human rights documents like the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. The scheme of constitution has been greatly influenced by these world standards especially the clauses of Fundamental Rights in Part III and Directive Provision of State Policy in Part IV. Even though Fundamental Rights guarantee enforceable civil and political freedoms, the Directive Principles indicate that the State has the desire to promote social and economic justice by adopting progressive policy actions. This paper will discuss how international human rights standards have been incorporated into the constitution and discuss how the Indian judiciary has helped to broaden and enlarge their application. Particular attention is paid to the interpretation of Article 21 in the judicial sphere, as it is on the basis of this interpretation that the Supreme Court has changed the right to life and personal liberty into the wide-ranging guarantee of human dignity. The Court has through landmark judgments established a number of unenumerated rights such as the right to livelihood, to health, to shelter, to environment and privacy. The history of Public Interest Litigation has also helped courts to deal with a systematic form of violation and defend the interests of disadvantaged groups in the society. Simultaneously, the article shows that the implementation still faces the challenges, especially when it comes to the socio-economic rights that are not justiciable to a great extent. It claims that although judicial creativity has reduced the distance existing between the constitutional pledges and international undertakings, legislative intervention and successful rulemaking are basic to complete fulfillment of the human rights. This paper is conclusive in that the creation of an amicable relationship between constitutional law, international human rights norms and democratic institutions is relevance in ensuring maximum and inclusive human rights in India.
Keywords: Human Rights, Constitutional Law, Human Dignity and Fundamental Rights, Socio-Economic Justice, Transformative Constitutionalism
