Dawn of due process in the rights jurisprudence in India
By: Khosla, Sunil.
Material type:
ArticlePublisher: 2012Description: p.39-53.Subject(s): Human rights - India | Human rights
In:
Research Journal Social SciencesSummary: Human rights are gaining a multifaceted dimension in the rights politics in India while attempting to create a balance between individual and public good. They have been regarded as the conscience and core of commitment to social revolution. The present paper focuses on the politics of rights in India and argues that the rights do not have fixed content and are like empty vessels into which each generation has to pour its content in light of its experience. In India, the activist Court has been instrumental in providing the expansive and expressive meaning leading to creation of new rights and expansion of the old ones. The vehicle for this expansion was the right to life and personal liberty (Article 21). The argument raised in the paper is significant because the court has followed the due process for the expansion of Article 21 which the drafters of the Indian Constitution rejected. This transition from a set of independent, narrow rights to broad check on the state power is demonstrated by the Court and the present study has been substantiated by a series of cases that have been decided by the Supreme Court of India. - Reproduced.
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Articles
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Indian Institute of Public Administration | Volume no: 20, Issue no: 2 | Available | AR98600 |
Human rights are gaining a multifaceted dimension in the rights politics in India while attempting to create a balance between individual and public good. They have been regarded as the conscience and core of commitment to social revolution. The present paper focuses on the politics of rights in India and argues that the rights do not have fixed content and are like empty vessels into which each generation has to pour its content in light of its experience. In India, the activist Court has been instrumental in providing the expansive and expressive meaning leading to creation of new rights and expansion of the old ones. The vehicle for this expansion was the right to life and personal liberty (Article 21). The argument raised in the paper is significant because the court has followed the due process for the expansion of Article 21 which the drafters of the Indian Constitution rejected. This transition from a set of independent, narrow rights to broad check on the state power is demonstrated by the Court and the present study has been substantiated by a series of cases that have been decided by the Supreme Court of India. - Reproduced.
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