Human Rights And Social Justice

Fundamental Rights are of great importance for individual freedom, but these fundamental rights are a very minimal set of rights and therefore, human rights, which are derived from the inherent dignity of the human person and cover every aspect of life and not just a small number of preferred freedom against the State, have tremendous significance. For the large number of people in a devel oping country, who are poor, downtrodden and economi cally backward, the only solution for making fundamental rights meaningful would be to restructure the social and economic order so that they may be able to realise their economic, social and cultural rights.

The Directive Principles of State Policy set out the goal of the new social and economic order which the constitution expects us to reconstruct. The judiciary has drawn guidance and inspiration from the Directive Prin ciples in interpreting and enforcing Fundamental Rights. The Supreme Court has expanded the ambit and reach of the Fundamental Rights from the broad sweep of the Directive Principles and thus made the largest contribution to the development of human rights jurisprudence through judicial activism.

The present book gives an universally applicable formula for the removal of various inconsistencies and dichotomies between fundamental rights and directive principles, and provides complete information and up-to-date law with regard to present study. The first part of this book deals with the historical background and present position. The second part comprises in itself the detailed study of each and every fundamental right vis-a-vis direc tive principles along with comparative table of relevant fundamental rights of foreign nations, constitutional posi tion of articles 31 B and 31 C and inter se relations between fundamental rights and directive principles as a whole. The third part covers within its purview the basic and fundamental principles of the social justice and the human rights and various impediments in the advancement of principles of social justice and human rights within the constitution. Lastly, in the fourth part attempts are made at describing a uniform principle for the solution of this problem in future.

This book will be of great interest to law students, legal professional as well as the common man.

1. An Introduction and Historical Background

2. National and International Fundamental Rights and
Duties at a Glance

3. National and International Glance of Directive Principles

4. Equality Clauses and Directive Principles

5. Right to Freedoms and Directive Principles

6. Right against Exploitation vis-a-vis Directive Principles

7. Right to Freedom of Religion and Directive Principles

8. Cultural and Educational Rights with Directive Principles

9. Right to Property and Constitutional Remedies with Directive Principles

10. Constitutional Position of Articles 31 A, 31B and 31C

11. Fundamental Rights and Directive Principles Interse

12. Basic and Fundamental Principles of Social Justice and Human Rights

13. Impediments in the Advancement of the Principles of Social Justice and Human Rights

14. Conclusion and Suggestions

List of Cases

Bibliography

Index