The Justiciability Of Economic, Social And Cultural Rights In India

Abstract

This chapter critically explores the Economic, Social, and Cultural Rights (ESCRs) jurisprudence of the Supreme Court of India―a court widely lauded in comparative constitutional studies for its progressive ESCR judgments. While the Supreme Court's rulings have significantly broadened ESCR protections in India and eased access to justice, the tangible impacts of these decisions often fall short of their symbolic significance. Notably, many of these decisions have inadvertently benefited the affluent to the detriment of the wider population. This chapter questions the widespread historical view of the Indian Supreme Court as an unwavering advocate for ESCRs. It presents a nuanced perspective, acknowledging the intricate interplay between judicial decisions and socio-political factors. It highlights the need for cooperation between the judiciary and elected branches to effect societal progress. Moreover, it reiterates a key argument from social science literature regarding the judiciary's constrained ability to affect social change independently, especially without governmental backing or in the face of government opposition. Thus, this analysis hopes to contribute to the ongoing debate about the effectiveness of judicial institutions in catalyzing societal change.

Keywords: Indian Supreme Court, Pubic Interest Litigation, Judicial Activism, Human Rights, Social Rights, Economic Rights, Standing