ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Indian ConstitutionSubscribe to Indian Constitution

(De)Valuing Dignity

The Supreme Court of India holds dignity to be a foundational constitutional value. Judicial enthusiasm about dignity must, however, be sensitive to the risk of devaluing it in the absence of close legal analysis. Three such risks are identified here. First, the constitutional status of dignity is unclear. Is it a right under Article 21 or a value underlying fundamental rights? The choice has significant interpretive implications. Second, does dignity guarantee a minimum standard of life, or does it refer to human flourishing entailing extensive state obligations? Third, can dignity be understood as a source of limiting rights as held in the Aadhaar decision?

Derailing Right to Education in Uttar Pradesh

Uttar Pradesh has one of the lowest enrolment rates for economically weaker section and disadvantaged category children under the 25 percent reservation clause in the RTE Act. Yet the state government has issued multiple regressive notifications that inhibit these children from seeking admission under this clause. These notifications not only fail to satisfy the equality principle under the Indian Constitution but are also beyond the jurisdiction of the parent statute.

Mutilated Liberty and the Constitution

Without liberty there cannot be democracy and Article 19 of the Indian Constitution guarantees that right to all citizens. In order that the state can regulate the individual's freedom in the greater interest of society a number of restrictions have been placed on these rights. However the restrictions have become so numerous today that the balance has tilted towards social control rather than liberty.
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