Realization of an Unenumerated Right under Article 21 of the Indian Constitution

Art 21 of the Indian Constitution is a bundle of essential unenumerated Rights. The author is primarily focusing on the Right to Food which is one of the unenumerated Rights under Article 21 of the Constitution and is the basic right of every living organism, more so for the human beings.The same has been dealt with effervescently in the Universal Declaration of Human Rights-1948, International Covenant on Economic, Social and Cultural Rights-1966 and International Covenant on Civil and Political Rights, 1976. Thanks to the efforts of the United Nations which cast an obligation on every member nation to implement it effectively.But, this facet of the Right to life has not been expressly articulated in any of the provisions of the Constitution of any nation, which is the Grund norm of every nation. Article 47 of the Indian Constitution which falls under Directives Principles of State Policy (DPSP) mandates that the State shall work towards raising the level of nutrition and standard of living of its people. But, as it is evident, DPSP is not actionable per se.The Supreme Court of India in its various judgements beginning with Keshava Nand Bharati’s case and till recently in PUCL vs Union of India has made an endeavor to guarantee the Right to Food which is a basic human Right and an unenumerated Right under Article 21 of the Indian Constitution. But, the enforcement of this basic human Right, suffers from many daunting issues and arduous challenges.This paper mainly deals with issues and Challenges faced by India in the implementationof the Right to Food.

• article 21
• constitution
• human rights
• right to food
• unenumerated right

• Dr. Sumithra R, Assistant Professor, Vivekanand College of Law, Bangalore

Sumithra. (December 2023). Realization of an Unenumerated Right under Article 21 of the Indian Constitution. IPEM LAW JOURNAL, 7, 6-11.

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