Dushyant Mehan, RIMT School of Legal Studies, RIMT University
Aish Sajjan, RIMT School of Legal Studies, RIMT University
ABSTRACT
Human rights have been a part of us from the beginning of a civilized society. The concept of human rights gained importance after the end of the Second World War. Many conventions and treaties happened at the international level to promote and protect human rights, like the UN Charter, 1945. The Constitution of India is also based on human rights. The Indian Constitution is based on the rule of law, which is the soul of human rights. Fundamental rights and Directive Principles of State Policy are based on the concept of human rights. Human rights do not mean to live life generally because of being a human; it gives all the rights that are important to live life in a progressive way in all the fields of society, and the Indian Constitution has all the provisions that are linked with the civil, political, cultural, and economic aspects of society. Articles 14, 19, and 21 of the Indian Constitution, are the core of the Fundamental Rights, which were made by taking into consideration the natural rights of the human. Natural rights give birth to the concept of human rights, which inspired the makers of the Constitution to make provisions according to the needs of the society and human beings.
The Constitution of India has various provisions that uphold human rights, which are interpreted by the judiciary in the time of need; thus the concept of constitutional interpretation and human rights is interlinked. This abstract aims to explore the relationship between constitutional interpretation and human rights, highlighting the importance of the judiciary safeguarding the same, the influence of international norms, and the tension between textualism and purposivism in constitutionalism hermeneutics.
Keywords: Constitution, Fundamental rights, human rights, natural rights, constitutional interpretation
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