Living Constitution, Living Rights: India’s Fundamental Rights in the Human Rights Era

  • Unique Paper ID: 191368
  • Volume: 12
  • Issue: no
  • PageNo: 85-88
  • Keywords: .
  • Abstract:
  • The Constitution of India, envisioned as a transformative social charter, seeks to reconstruct a deeply hierarchical society into one founded upon the values of justice, liberty, equality, and fraternity. This research re-examines the Fundamental Rights enshrined in Part III through the lens of international human rights law and transformative constitutionalism. Using doctrinal and comparative legal analysis, this study investigates how the Indian judiciary, particularly the Supreme Court, has interpreted and expanded rights to meet emerging socio-political challenges. From A.K. Gopalan v. State of Madras to Justice K.S. Puttaswamy v. Union of India , judicial interpretation has evolved from a formalist understanding of liberty to a dignitarian and autonomy-oriented jurisprudence. The research also explores intersections with global frameworks, including the Universal Declaration of Human Rights (1948) and the International Covenants of 1966, situating Indian constitutionalism within the global discourse on human dignity and equality. It concludes that the Indian Constitution must continue to function as a living instrument, responsive to the transformative aspirations of its people in a rapidly changing world.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{191368,
        author = {Dr. Anuj Raghuvanshi},
        title = {Living Constitution, Living Rights: India’s Fundamental Rights in the Human Rights Era},
        journal = {International Journal of Innovative Research in Technology},
        year = {},
        volume = {12},
        number = {no},
        pages = {85-88},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=191368},
        abstract = {The Constitution of India, envisioned as a transformative social charter, seeks to reconstruct a deeply hierarchical society into one founded upon the values of justice, liberty, equality, and fraternity. This research re-examines the Fundamental Rights enshrined in Part III through the lens of international human rights law and transformative constitutionalism. Using doctrinal and comparative legal analysis, this study investigates how the Indian judiciary, particularly the Supreme Court, has interpreted and expanded rights to meet emerging socio-political challenges. From A.K. Gopalan v. State of Madras  to Justice K.S. Puttaswamy v. Union of India , judicial interpretation has evolved from a formalist understanding of liberty to a dignitarian and autonomy-oriented jurisprudence. The research also explores intersections with global frameworks, including the Universal Declaration of Human Rights (1948) and the International Covenants of 1966, situating Indian constitutionalism within the global discourse on human dignity and equality. It concludes that the Indian Constitution must continue to function as a living instrument, responsive to the transformative aspirations of its people in a rapidly changing world.},
        keywords = {.},
        month = {},
        }

Cite This Article

  • ISSN: 2349-6002
  • Volume: 12
  • Issue: no
  • PageNo: 85-88

Living Constitution, Living Rights: India’s Fundamental Rights in the Human Rights Era

Related Articles