Compare and contrast between the “Fundamental Rights”

under the Constitution of India and “Human Rights

Covenant.”
Introduction

The Constitution of India guarantees Fundamental Rights to its citizens, while the
International Covenant on Civil and Political Rights (ICCPR) and International Covenant
on Economic, Social and Cultural Rights (ICESCR) are part of the International Bill of
Human Rights adopted by the United Nations. Both aim to protect human dignity, liberty, and
equality but operate in different legal frameworks.

Human Rights Covenant (ICCPR &

Basis Fundamental Rights (India)
ICESCR)
Indian Constitution, Part III International Treaties adopted by UN
Source
(Articles 12–35) (1966)
Enforceable by courts under Article Not directly enforceable unless adopted
Enforceability
32 & 226 into national law
Some rights only to citizens; others
Applicability Applicable to all persons universally
to all
International obligations, moral and legal
Nature Legal and constitutional guarantee
standards
Civil and political rights like ICCPR: civil-political rights; ICESCR:
Content
equality, liberty, religion, etc. socio-economic and cultural rights
Enforcement Human Rights Committee (ICCPR);
Supreme Court and High Courts
Body monitoring but not judicial enforcement
Subject to reasonable restrictions Can be limited only under strict necessity;
Limitations
(e.g., public order, morality) broader protection in theory
Binding on signatory nations, but
Binding Nature Constitutionally binding in India implementation depends on national
action

Discuss Enforcement of Human Rights in India with

reference to suitable Judicial Decisions.
Introduction

Human rights are basic rights and freedoms guaranteed to every individual. In India, these are
protected by the Constitution, statutory laws, and enforced by the judiciary. Article 21 of the
Constitution, in particular, has been interpreted to cover a wide range of human rights, including
dignity, privacy, health, and livelihood.
Modes of Enforcement

1. Constitutional Remedies

 Article 32 (Supreme Court) and Article 226 (High Courts) empower individuals to
directly approach courts when rights are violated.
 Courts can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and
Quo Warranto.

Writ Jurisdiction of the Supreme Court (Article 32)

The Supreme Court enforces Fundamental Rights by issuing the following constitutional writs:

1. Habeas Corpus – "Produce the body": Issued to release a person unlawfully detained.
2. Mandamus – "We command": Directs a public authority to perform a legal duty.
→ Example: Used to compel action on sexual harassment complaints before Vishaka
Guidelines law.
3. Prohibition – Issued to prevent a lower court or tribunal from exceeding its jurisdiction.
4. Certiorari – Used to quash orders of lower courts if passed without jurisdiction or in
violation of natural justice.
5. Quo Warranto – "By what authority": Used to challenge a person’s claim to a public
office.
→ Ensures transparency and legality in appointments.

2. Public Interest Litigation (PIL)

 PILs allow any public-spirited person to approach the court on behalf of those whose
rights are violated.
 Used effectively to protect the rights of poor, women, children, prisoners, and the
environment.

Key Judicial Decisions

🔹 Maneka Gandhi v. Union of India (1978)

Expanded the meaning of Article 21. The court ruled that the “procedure established by law”
must be fair, just, and reasonable, making due process essential.
🔹 Vishaka v. State of Rajasthan (1997)

The court laid down guidelines for prevention of sexual harassment at the workplace, citing
international conventions like CEDAW. This was a landmark example of enforcing human rights
through judicial innovation.

🔹 MC Mehta v. Union of India (1986 & later cases)

In a series of environmental cases, the Supreme Court ruled that the right to a clean and
healthy environment is part of the right to life under Article 21.

🔹 People’s Union for Civil Liberties v. Union of India (2001)

This Right to Food case ensured that poor and marginalized communities have access to
nutrition and public food distribution, treating it as part of human dignity.

Role of NHRC

 Established under the Protection of Human Rights Act, 1993.

 Investigates human rights violations and recommends action.
 Although its recommendations are not binding, it plays a significant watchdog role.

Discuss in detail the role of the Indian Apex Court in the

enforcement of Human Rights.
Same as the last answer, just add the following somewhere.

2. Judicial Interpretation of Article 21

 The Court has interpreted the Right to Life and Personal Liberty to include rights such
as:
o Right to livelihood
o Right to shelter
o Right to health
o Right to education
o Right to clean environment
o Right to privacy

Writ Jurisdiction of the Supreme Court (Article 32)

The Supreme Court enforces Fundamental Rights by issuing the following constitutional writs:

1. Habeas Corpus – "Produce the body": Issued to release a person unlawfully detained.
2. Mandamus – "We command": Directs a public authority to perform a legal duty.
→ Example: Used to compel action on sexual harassment complaints before Vishaka
Guidelines law.
3. Prohibition – Issued to prevent a lower court or tribunal from exceeding its jurisdiction.
4. Certiorari – Used to quash orders of lower courts if passed without jurisdiction or in
violation of natural justice.
5. Quo Warranto – "By what authority": Used to challenge a person’s claim to a public
office.
→ Ensures transparency and legality in appointments.

Discuss Right to Religion with reference to the Universal

Declaration of Human Rights and Indian Constitution. [16]
Introduction

The Right to Religion is a fundamental human right recognized globally and constitutionally. It
ensures freedom of thought, conscience, and belief. Both the Universal Declaration of
Human Rights (UDHR) and the Indian Constitution provide for the right to practice and
propagate religion, while also ensuring the secular character of the State.

Under Universal Declaration of Human Rights (UDHR)

 Article 18 of UDHR states:

"Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom... to manifest his religion
or belief in teaching, practice, worship and observance."

🔹 Guarantees:

 Right to choose, change or abandon religion

 Right to publicly or privately practice religion
 Right to teach and preach religious beliefs

🔹 Nature:

 Universal, non-discriminatory, and absolute in thought and belief

 Reasonable limitations allowed only for protection of public order, health or morals
Right to Religion under the Indian Constitution

🔹 Articles 25 to 28 (Part III – Fundamental Rights):

Article Provision
Article Freedom of conscience and right to profess, practice, and propagate religion (subject
25 to public order, morality, health)
Article
Rights of religious denominations to manage their own affairs
26
Article
No compulsion to pay taxes for promotion of any particular religion
27
Article
No religious instruction in State-funded educational institutions
28

Indian Approach: Balanced Freedom

 India follows “positive secularism” — State respects all religions but does not favour
any.
 Religious freedom is not absolute: it is subject to public order, morality, and health.
 The State can regulate religious practices if they violate constitutional values (e.g.,
gender equality, dignity).

Important Judicial Decisions

🔹 S.R. Bommai v. Union of India (1994)

 Affirmed that secularism is part of the basic structure of the Constitution.

🔹 Indian Young Lawyers Association v. State of Kerala (2018) (Sabarimala Case)

 Religious freedom cannot override gender equality under Article 14.

Examine the meaning of the expression – Article 21 of the Indian

Constitution does not merely speak of life but a life worth living with
all its essential facets.
Introduction

Article 21 of the Indian Constitution states:

"No person shall be deprived of his life or personal liberty except according to procedure
established by law."
At first, this seemed to only protect people from being unfairly arrested or killed without proper
legal procedure. However, over time, the interpretation of this Article has changed. Today,
Article 21 is seen as the heart of all human rights protections in India. It is not just about
physical survival but about ensuring a meaningful and dignified life.

What is a Life Worth Living?

The phrase "life worth living" means that people must be allowed to live not just biologically,
but with dignity, comfort, and purpose. A human life is not just about breathing or existing —
it includes living in a way where basic needs and freedoms are respected.

What Does It Include?

The courts in India have explained that Article 21 includes:

 Right to live with dignity – Not just being alive, but being respected as a human being.
 Right to food, shelter, and clothing – These are basic needs. Without them, life is not
meaningful.
 Right to health and clean environment – A polluted or unhealthy life is not a dignified
life.
 Right to education – Without education, a person may not be able to fully develop or
participate in society.
 Right to privacy – Everyone has a right to personal space and autonomy.
 Right to livelihood – Without a way to earn, one cannot live with dignity.

All these rights are considered part of Article 21 because they help people live in a way that is
worthy of being called human.

Why is This Important?

This broad interpretation makes sure that every person, regardless of background, gets the
chance to live a full and decent life. It allows the courts to protect people not only from physical
harm but also from poverty, injustice, and lack of basic services.

It also shows that the Constitution is flexible and alive — it grows with time and responds to
new problems faced by people in daily life.
Critically evaluate Social, Economic and Cultural Rights as
guaranteed under the International Convention and Indian
Constitution. [16]

Introduction

Social, Economic, and Cultural (SEC) rights are essential for a person to live a life of dignity.
These include the right to work, education, health, housing, social security, and participation in
cultural life. These rights are recognized both internationally through the International
Covenant on Economic, Social and Cultural Rights (ICESCR) and nationally through the
Directive Principles of State Policy (Part IV) of the Indian Constitution.

SEC Rights under International Law

The ICESCR, adopted by the United Nations in 1966 and ratified by India, includes several
important guarantees:

 Right to work (Article 6)

 Right to just and fair conditions of employment (Article 7)
 Right to social security (Article 9)
 Right to an adequate standard of living – includes food, clothing, housing (Article 11)
 Right to health (Article 12)
 Right to education (Articles 13–14)
 Right to participate in cultural life and enjoy the benefits of scientific progress
(Article 15)

The Covenant recognises that these rights may be implemented progressively based on a
country's resources.

SEC Rights under the Indian Constitution

In India, similar rights are found in the Directive Principles of State Policy (DPSPs). Though
not enforceable by courts, they guide the State in policymaking:

 Article 39: Equal pay for equal work, protection of workers and children
 Article 41: Right to work, education, and public assistance in certain cases
 Article 42: Just and humane working conditions
 Article 45: Free early childhood care and education
  Article 47: Duty of the State to improve nutrition and public health
 Article 43: Living wage and decent standard of life for workers

The courts have also interpreted many of these as part of Article 21 (Right to life), making them
judicially enforceable to some extent.

Critical Evaluation

✅ Positive Aspects:

 Both systems recognise that basic needs must be fulfilled for human dignity.
 India has converted many DPSPs into laws (e.g., Right to Education Act, MNREGA,
Food Security Act).
 Courts in India have expanded the meaning of Article 21 to include health, education,
environment, etc.

❌ Challenges:

 Not enforceable directly: DPSPs are not justiciable; ICESCR is not fully implemented
through national law.
 Implementation depends on political will and budget availability.
 Rights are often violated in practice due to poverty, inequality, and corruption.
 In international law, there is no punishment mechanism for non-compliance.

Examine the relationship between Fundamental Rights and Directive

Principles of State Policy in Indian perspectives.
Point Fundamental Rights Directive Principles of State Policy
1. Legally enforceable in court Not enforceable by court
2. Meant to protect individual rights Meant to guide state policies for social welfare
3. Focus on political democracy Aim at economic and social democracy
Negative in nature (prevent state
4. Positive in nature (require state action)
interference)
5. Justiciable under Articles 32 & 226 Non-justiciable under Article 37
6. Immediate implementation expected Progressive implementation over time
Cannot override FRs but courts try to
7. Can override DPSPs if in conflict
harmonize both
8. Part III of the Constitution (Art. 12–35) Part IV of the Constitution (Art. 36–51)