What the study found
The study finds that India has a strong constitutional framework for protecting civil, political, and socio-economic rights, but a substantial gap remains between those guarantees and how rights are realized in practice. It also identifies persistent custodial violence, institutional discrimination, and socio-economic inequality as continuing problems.
Why the authors say this matters
The authors conclude that strengthening institutional accountability, democratic engagement, and a broader culture of rights is essential to turn constitutional commitments into effective human rights protection. The study suggests these steps are needed because constitutional promise alone has not been enough to secure rights in practice.
What the researchers tested
The researchers used a doctrinal and analytical approach. They examined constitutional provisions, judicial interpretations, and relevant scholarly literature on human rights in India, with attention to Part III’s Fundamental Rights, Part IV’s Directive Principles of State Policy, public interest litigation, and the expanded interpretation of Article 21, the right to life and personal liberty.
What worked and what didn't
The article says the constitutional architecture is robust and that judicial innovations, especially public interest litigation and broader readings of Article 21, have been significant. At the same time, it argues that implementation deficits, institutional limitations, and entrenched social hierarchies continue to limit the real-world protection of rights.
What to keep in mind
The summary provided is based on a doctrinal and analytical review rather than original field data. The abstract does not describe specific case studies, measurements, or limitations beyond noting the gap between constitutional guarantees and practice.
Key points
- India’s Constitution is described as offering extensive protections for civil, political, and socio-economic rights.
- The paper says Part III and Part IV together aim to protect liberty, social justice, and equality.
- Public interest litigation and an expanded reading of Article 21 are presented as major judicial innovations.
- The authors say a substantial gap still exists between constitutional rights and their practical realization.
- Persistent custodial violence, discrimination, and inequality are identified as ongoing challenges.
Disclosure
- Research title:
- India’s constitutional rights gap remains between promise and practice
- Authors:
- Navneet Ateriya, Ashish Saraf, Yashwant Kumar Singh, Manoj Bhausaheb Parchake
- Institutions:
- All India Institute of Medical Sciences, All India Institute of Medical Sciences, All India Institute of Medical Sciences, All India Institute of Medical Sciences
- Publication date:
- 2026-04-07
- OpenAlex record:
- View
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