Constitutionalizing Human Rights in India: The Evolution of Article 21 and the Expanding Role of Judiciary

This paper examines the constitutionalization of human rights in India through the evolution and judicial interpretation of Article 21 of the Constitution. It traces the transformation of Article 21 from the narrow interpretation adopted in A.K. Gopalan v. State of Madras to the broader substantive due process approach established in Maneka Gandhi v. Union of India. The paper analyses the expansion of Article 21 to encompass rights relating to human dignity, livelihood, education, health, privacy, environmental protection and prisoners’ rights. It further examines the role of international human rights instruments, including the UDHR, ICCPR and CEDAW, in constitutional interpretation under Article 51(c). The paper critically evaluates judicial activism, considering both its contribution to the protection of vulnerable groups and concerns relating to separation of powers and judicial overreach. It also examines the institutional role of the National Human Rights Commission under the Protection of Human Rights Act, 1993, and identifies implementation gaps that continue to affect the effective realization of constitutional rights. The paper concludes that the continued protection of human rights requires effective coordination between the judiciary, legislature, executive and human rights institutions.