Look Inside The Book

Economic Social and Cultural Rights (ICESCR, 1966) and the International Covenant of Civil and Political Rights (ICCPR, 1966), etc. India is a signatory to all these. The fulfilment of basic objectives as defined in the Constitution, namely economic freedom, dignity, equality of status, opportunity, and fraternity are our fundamental rights.

Since they remain grossly unfulfilled by our guardians (the Legislature and the Executive), the onus now shifts to our third most responsible guardian, the Judiciary, to discharge these obligations by establishing responsible and accountable system of governances at the Union and States as prayed in Chapter 7 (p.214). This is the basic theme of the author’s present work.

The Judiciary is within its Constitutional bounds to do so. Today the number of the impoverished alone has risen to more than 116 crore which is more than three times that of India’s population at the time of Independence (33–34 crore, Section 2.1 (p. 38)) As if India’s Independence was meant to produce illiterate and destitute! According to the author, all the basic objectives are easily achievable through responsible and accountable system of governances at the Union and the States.

For better clarity to the readers on human rights and implications of their violations, I have provided in Chapter 4 (p. 119) brief references to some vital human resource requirements as promulgated by the United Nations (UN) to its member countries. To augment the vital provisions, references of some relevant statutes of a few worthy constitutions of the world are also provided in Chapter 5 (p. 141). It is hoped the reader will comprehend them and derive the inference that I want to convey.


M. Ananthasayanam Ayyangar, member of the Constituent Assembly of India, and later Speaker of the Lok Sabha, during a debate on the subject, described Article 32 (Right to Constitutional Remedies) thus: “The Supreme Court, according to me, is the supreme guardian of the citizen’s rights in any democracy. I would even go further and say that it is the soul of democracy. The elected Executive, which comes into being for the time-being, is apt to abuse its powers, and therefore the Supreme Court must be there, strong and untrammelled by the day-to-day passions which may bring a set of people into power and also throw them out in a very short time. If the fundamental rights of the individual are left to the tender mercies of the government of the day, they cannot be called fundamental rights at all,” and further that “these and other rights must be carefully watched and for this purpose the Supreme Court has been vested with the supreme ultimate, jurisdiction”. (Source: Discussion on 9 December, 1949 in the Constituent Assembly of India “on the scheme, object and enactment of Article 32 of the Constitution”).
Note: Seemingly the learned member of the Constituent Assembly was alluding to the fulfilment of fundamental rights enumerated under Part III and Part IV of the Constitution by natural means and avenues to empower the people to earn their living naturally and in a dignified manner and not by demeaning them through handouts, dole-outs, or freebies, quotas and reservations. And if the governments fumbled, the Judiciary must be there undeterred and untrammelled to stop the dangerous regression and dilapidation of the nation that such acts of governments may inflict. — Author

Those who believe in the ‘Parliamentary Sovereignty’ rather than ‘Parliamentary Accountability’ neither know India’s Constitution nor want to honour it.