ABSTRACT
The constitutional guarantee of human rights may be considered to be fundamental rights in the sense that every constitution is a fundamental law of the land. However, human rights are not the exhaustive source of constitutional law which is enforceable by the apex court. Consequently, usages and customs are considered to have full force of the law and thus can be enforceable if not inconsistent with the fundamental rights under the constitution. Similarly, human rights instruments as such would also pave a foundation for such rights as would be enforceable by the law. Whenever the court considered that a particular human rights instrument contains similar elements of the fundamental rights, it becomes a part of the constitutional law of the land and can be enforced in a like manner. This constitutional aspect of human rights is the subject matter of this chapter, which critically examines the province of the Indian apex court together with a treatment of all consequences which result from the guarantee of human rights in the Constitution of India. This chapter also provides a brief outline of various rights as recognized in the international covenants, the Constitution of India and judicial enforceability of various human rights in India.
