Social and Constitutional Rights

The Indian constitutional structure of the division between fundamental rights and directive principles, and the debates on social rights during the drafting of the Constitution. With this background, some of the most important judgments of the Supreme Court in the last ten years in the field of social rights have been analyzed, looking specifically at the enforcement and justifiability of the right to food, right to education and the right to health. The developments in the last decade are significant as during this time the venomous effects of globalisation and dangers of deprivation of basic social rights have been acutely felt and this has been studied. The basic necessities of life encompass at a minimum, the right to adequate nutrition, shelter, health, education, work and environment. All of these rights provide foundations upon which human development can occur and human freedom can flourish. In addition, such basic social rights should be conceptualized in terms of an entitlement both to be equal as humans and to be equal as members of society.