Right to Development

About

The Right to Development is not explicitly listed as a Fundamental Right in the Indian Constitution. However, it is considered an essential component of fundamental rights under Articles 21 (Right to Life and Personal Liberty) and Article 19 (Freedom of Trade, Occupation, and Movement).

Legal and Constitutional Basis
  1. Article 21: The Supreme Court has interpreted the Right to Life to include the right to live with dignity, access to basic necessities, and socio-economic development.
  2. Article 19(1)(g): Ensures freedom of trade and occupation, which is crucial for economic development.
  3. Directive Principles of State Policy (DPSP):
    • Article 38: Promotes social order for the welfare of the people.
    • Article 39: Ensures equitable distribution of resources.
    • Article 41 & 43: Relate to the right to work, education, and public assistance.
Judicial Recognition
  • In Samatha v. State of Andhra Pradesh (1997), the Supreme Court linked development with tribal welfare and environmental protection.
  • In Francis Coralie Mullin v. Union Territory of Delhi (1981), the Court ruled that life under Article 21 includes the right to a dignified existence, which includes development.
Global Perspective

The United Nations Declaration on the Right to Development (1986) recognizes development as a human right, emphasizing participation, equality, and sustainable growth.

Conclusion

While not directly a Fundamental Right, the Right to Development is an implicit part of the Indian Constitution, supported by judicial interpretations and international human rights frameworks. There is an ongoing debate on whether it should be explicitly recognized as a Fundamental Right.

 

 

 

 

 

-- Daily News Section Compiled

    By Vishwas Nimbalkar


Posted by on 19th Mar 2025