Approach / Explaination / Answer
Approach
- Briefly introduce the Supreme Court’s role in interpreting Fundamental Rights under the Indian Constitution.
- Explain how the Supreme Court has broadened the scope of fundamental rights through progressive interpretations.
- Discuss its impact on socio-economic justice in India with suitable examples.
- To conclude, suggest the need to ensure the effective realization of rights
|
Introduction
The Supreme Court of India, as the guardian of the Constitution, plays a crucial role in interpreting fundamental rights under Part III. Over time, its progressive interpretations have expanded the scope of rights beyond mere civil and political liberties to encompass socio-economic justice.
Body
Key Milestones in Expanding Fundamental Rights
- Maneka Gandhi v. Union of India (1978) – The Court ruled that the right to life under Article 21 includes personal liberty and cannot be curtailed arbitarily.
- Kesavananda Bharati v. State of Kerala (1973) – Established the Basic Structure Doctrine, ensuring fundamental rights remain inviolable.
- Public Interest Litigation (PIL) – Expanded access to justice by allowing non-victims to approach the Court for enforcing rights of marginalized communities.
Impact on Socio-Economic Justice
- Right to Livelihood
- Olga Tellis v. Bombay Municipal Corporation (1985) – Recognized the right to livelihood as an extension of the right to life (Article 21). The Court held that slum dwellers could not be evicted without rehabilitation.
- Right to Education
- Unni Krishnan v. State of Andhra Pradesh (1993) – Held that the right to education is implicit under Article 21. This led to the insertion of Article 21A through the 86th Constitutional Amendment (2002), making education a fundamental right.
- Right to Health
- Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) – The Court emphasized the state’s responsibility to provide adequate healthcare facilities, strengthening Article 21 protections.
- State of Punjab v. Mohinder Singh Chawla (1997) – Declared that the right to health is fundamental and directed the state to ensure proper medical infrastructure.
- Right to Food
- PUCL v. Union of India (2001) – Mandated the government to implement food security programs, leading to the expansion of the Midday Meal Scheme and later, the enactment of the National Food Security Act (2013).
- Environmental Justice
- M.C. Mehta Cases – Recognized the right to a clean environment as part of Article 21, leading to stricter environmental regulations.
Challenges and Criticism
- Judicial Overreach – The Court has often been criticized for encroaching upon legislative and executive domains, leading to conflicts in governance.
- Implementation Gaps – Many landmark judgments suffer from poor execution due to bureaucratic inefficiency and lack of political will.
- Backlog of Cases – Delayed justice weakens the timely realization of socio-economic rights.
Conclusion
The Supreme Court’s dynamic interpretation of fundamental rights has been instrumental in advancing socio-economic justice in India. However, ensuring effective implementation of judicial directives and strengthening executive-judicial cooperation remains crucial for sustained progress. As Dr. B.R. Ambedkar aptly said, “Political democracy cannot last unless there lies at the base of it social democracy, which means a way of life that recognizes liberty, equality, and fraternity as principles of life.”