Constitutionalism and Human Rights in India: Promise, Paradox and Practice

The Indian Constitution provides an extensive framework for the protection of civil, political, and socio-economic rights in line with international human rights norms. Part III’s Fundamental Rights and Part IV’s Directive Principles of State Policy collectively aim to safeguard individual liberty while promoting social justice and equality. This study adopts a doctrinal and analytical approach based on the examination of constitutional provisions, judicial interpretations, and relevant scholarly literature on human rights in India. The article argues that despite a robust constitutional architecture and significant judicial innovations—particularly through public interest litigation and the expanded interpretation of Article 21—a substantial gap persists between constitutional guarantees and their realisation in practice. Persistent issues such as custodial violence, institutional discrimination, and socio-economic inequalities reflect broader challenges related to implementation deficits, institutional limitations, and entrenched social hierarchies. Strengthening institutional accountability, democratic engagement, and a broader culture of rights is therefore essential to translate constitutional commitments into effective human rights protection.