S
Sahaj Vidhi
Law optional 2021 Paper I

“The Fundamental Rights may be said to constitutionalise social values of existing society." Explain and illustrate.

Verified Answer

  1. Core Legal Answer & Context: The Fundamental Rights (FRs) enshrined in Part III of the Indian Constitution are not merely legal provisions but represent the constitutionalization of core social, moral, and ethical values that Indian society cherishes and aspires to uphold. These rights, such as equality, liberty, dignity, and justice, were initially social aspirations or ideals. By incorporating them into the Constitution, the framers elevated these values to the status of supreme law, making them legally enforceable and fundamental to the governance of the country and the lives of its citizens. This process transformed abstract social ideals into concrete, justiciable rights, thereby providing a legal framework for their protection and promotion. For instance, the value of non-discrimination based on religion, race, caste, sex, or place of birth (Article 15) reflects a societal commitment to equality and social justice, which was then given constitutional backing. Similarly, the right to life and personal liberty (Article 21) embodies the fundamental human value of dignity and autonomy, ensuring that the state cannot arbitrarily deprive individuals of these essential aspects of existence. The Constitution, through FRs, acts as a transformative document, aiming to reshape society in line with these constitutionalized values, moving away from historical injustices and towards a more equitable and just social order.

  2. Relevant Statutes and Sections:

  • Part III of the Indian Constitution (Articles 12-35): Enshrines the Fundamental Rights.
  • Preamble to the Indian Constitution: Articulates the foundational values of Justice, Liberty, Equality, and Fraternity, which are reflected and reinforced by the Fundamental Rights.
  • Article 14: Equality before law and equal protection of laws.
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 17: Abolition of Untouchability.
  • Article 21: Protection of life and personal liberty.
  1. Important Landmark Cases:
  • Kesavananda Bharati v. State of Kerala (1973): This landmark case established the 'Basic Structure Doctrine,' emphasizing that certain fundamental features and values of the Constitution, including those enshrined in FRs, cannot be amended by Parliament. This reinforced the idea that FRs embody core constitutional values that are foundational to the nation's identity.
  • Maneka Gandhi v. Union of India (1978): The Supreme Court gave an expansive interpretation to Article 21, holding that the 'right to life' includes the right to live with human dignity. This judgment illustrated how the judiciary interprets FRs to reflect and enforce evolving social values concerning human dignity and fair procedure, moving beyond a narrow literal interpretation.
  • Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalized consensual homosexual acts, holding that Section 377 of the Indian Penal Code violated the fundamental rights to equality, dignity, and freedom of expression. This case is a prime example of how the judiciary interprets FRs to constitutionalize evolving social values of inclusivity, non-discrimination, and dignity for all sections of society.
  1. Clear Conclusion: Fundamental Rights in India serve as the constitutional bedrock for the social values of existing society. They provide a legal and moral compass, ensuring that the state and individuals adhere to principles of justice, liberty, equality, and dignity. Through judicial interpretation, these rights continue to evolve, reflecting and shaping the dynamic social fabric of the nation, thereby ensuring that constitutional values remain relevant and robust.