Tag: Article 21

Constitutional Law

Fundamental Rights on Road

In this article, the author examines the judicial evolution of the fundamental right to road, tracing its transformation from anti-discrimination access to a broader conception encompassing safety and accessibility under Article 21. By analysing cases across the Supreme Court and High Courts, the author highlights the risks of rights expansionism, where administrative failures are increasingly constitutionalised. The article proposes the doctrine of constitutional avoidance as a pragmatic approach to balance administrative efficacy with fundamental rights, ensuring that infrastructural issues are addressed without overstretching the constitutional framework. Continue reading Fundamental Rights on Road

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Constitutional Law

From Commodity to Fundamental Right: Is Denial of Access to Electricity a Violation of Article 21?

In this article, the author examines the critical role of electricity in modern life and its evolving recognition as a Fundamental Right under the Indian Constitution. It explores the legislative and judicial developments that have transformed electricity from a taxable commodity to an essential service, culminating in its acknowledgment as a basic necessity under the Right to Shelter and Right to Life (Article 21). Through an analysis of key statutes and landmark judgments, the author argues for a rights-based approach to electricity access, emphasizing its indispensability in ensuring equal opportunities, socio-economic development, and a dignified standard of living for all citizens. Continue reading From Commodity to Fundamental Right: Is Denial of Access to Electricity a Violation of Article 21?

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