FROM DIRECTIVE PRINCIPLES TO JUSTICIABLE RIGHTS: CONSTITUTIONAL PROTECTION OF THE RIGHT TO FOOD

Description

Globalization, Food Systems, and Legal Responses:Governance, Justice, and Sustainability in a Changing World
Edited By: Dr. Joydeb Patra, Ms. Saptaparni Raha
E-ISBN: 978-81-685212-2-3

Constitutional Protection to the “Right to Food” in India is an example of a paradigm shift in the development of a fundamental right from a non-enforceable “Directive Principle of State Policy” to a constitutional right due to judicial activism. Originally incorporated under “Article 47 of the Constitution of India” as a “Directive Principle of State Policy” making it mandatory for the state to improve the nutritional levels and standards of living, “the Right to Food” had no direct judicial recourse. Nevertheless, by dint of extensive judicial construction of Article 21, that is, the Right to Life, the Indian Supreme Court made it clear that food and nutrition are inseparable from the right to live with dignity. The People’s Union for Civil Liberties v. Union of India (Right to Food Case) brought about a sea change in this regard by making government-sponsored food and nutrition schemes judicially enforceable. In this paper, the constitutional history of the “Right to Food” is explored. The analysis covers the relation between the Directive Principles and Fundamental Rights, role of judicial activism and welfare legislation in the context of such a right. Furthermore, the difficulties associated with its implementation, federal cooperation and accountability issues are considered. Based on the historical development of the doctrine and legal practices, it becomes evident that the Indian Constitution has managed to overcome the distinction between non-enforceable directives and enforceable rights. Consequently, “the Right to Food” represents one of the examples of the living nature of the Constitution.