ARYA GUPTA & SIDDHANT SUKHLECHA

STUDENTS AT CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

ABSTRACT

The Indian Constitution guarantees a wide range of fundamental rights, including civil and political rights, as well as economic and social rights. However, the Indian Supreme Court has interpreted the Constitution to give it the power to review the government’s compliance with economic and social rights, even though these rights are not explicitly mentioned in the Constitution. The Supreme Court’s jurisprudence on economic and social rights has evolved over time. In the early years, the Court was reluctant to interfere in the government’s economic policies. However, in recent years, the Court has become more willing to hold the government accountable for its failure to provide basic necessities such as food, water, and education.

The expansion of judicial review to include economic and social rights has had a significant impact on the Indian legal system. It has led to a more activist judiciary that is willing to challenge the government on issues of social justice. However, the Supreme Court’s recent decisions suggest that the Court is committed to using its power to promote economic & social rights. This is likely to have a significant impact on the lives of millions of Indians in the years to come.

Key Words: Judicial review, Economic and social rights, Fundamental rights, Indian Constitution, Supreme Court of India, Judicial activism