Constitutional framework

The essentials

The Indian Constitution protects human rights mainly through Part III (Fundamental Rights), which are justiciable, and Part IV (Directive Principles of State Policy), which are not enforceable in courts but are fundamental in governance. Many rights in the UDHR are reflected in these Parts. Article 32 allows a person to move the Supreme Court directly for enforcement of Fundamental Rights; Dr B.R. Ambedkar called it the "heart and soul" of the Constitution.

Key points

• Fundamental Rights: equality (Articles 14–18), freedoms (19–22), against exploitation (23–24), freedom of religion (25–28), cultural and educational rights (29–30), constitutional remedies (32).
• Article 21 expanded: after Maneka Gandhi v. Union of India (1978), "procedure established by law" must be fair, just and reasonable. Article 21 now covers rights such as livelihood, health, clean environment, speedy trial, legal aid, dignity and privacy (Justice K.S. Puttaswamy v. Union of India, 2017).
• Article 21A: free and compulsory education for children aged 6 to 14 (86th Amendment, 2002).
• Use of international law: in Vishaka v. State of Rajasthan (1997) the Supreme Court relied on CEDAW to frame guidelines against sexual harassment at the workplace.
• Related laws: Protection of Human Rights Act, 1993; Protection of Civil Rights Act, 1955; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Right to Information Act, 2005.
• Public Interest Litigation: relaxed locus standi lets public-spirited persons approach courts on behalf of those who cannot.

Exam tips

• Link each case with the right it expanded: Maneka Gandhi (fair procedure), Puttaswamy (privacy), Vishaka (workplace harassment).
• Know which rights are Fundamental Rights and which are Directive Principles.

Common mistakes

• Saying Directive Principles can be enforced in court like Fundamental Rights.
• Forgetting that Article 21 applies to all persons, not only citizens.