JUNE DAY 15 - UPSC DAW - Daily Answer Writing - 21st June 2025

JUNE DAY 15 - UPSC DAW - Daily Answer Writing - 21st June 2025

Question

‘The executive cannot become the judge, jury, and executioner.’ In light of this observation by the Chief Justice of India referencing the Supreme Court’s 2024 judgment against arbitrary demolitions, discuss the role of the judiciary in safeguarding socio-economic rights and upholding constitutional morality in India. (10 marks, 150 words)  [GS - II CONSTITUTION]

Model Answer

Paper  

GS II 

Subject 

Constitution 

Topic 

Role of Constitution, Supreme Court in Delivering Socio-Economic Justice in the Country 

Syllabus As Per Notification 

Judiciary -Structure, Organisation and functioning. 

 Introduction:  

  • The Indian Constitution guarantees not only civil-political rights but also socio-economic justice as a core value enshrined in the Preamble. The Supreme Court (SC), as the guardian of the Constitution, has played a transformative role in upholding constitutional morality and ensuring substantive justice, particularly for the marginalized. The 2024 SC judgment against bulldozer justice reiterated that arbitrary demolitions violate Article 21, reinforcing that the executive cannot bypass due process. 

 Role of Judiciary in Safeguarding Socio-Economic Rights: 

  •  Judicial Interpretation Expanding Article 21:  

  • Article 21 has been judicially interpreted to include rights to shelter, livelihood, education, health, and clean environment. 

  • In Olga Tellis v. Bombay Municipal Corporation (1985), the SC held that eviction of pavement dwellers without alternate shelter violated their right to livelihood.  

  • Bulldozer Justice Judgment (2024): 

  • The SC condemned demolitions of homes of accused persons without trial, terming it executive overreach. 

  • Emphasised socio-economic dimensions of housing - for many, a home is the culmination of lifelong aspirations, not just property. 

  • Ensuring Rule of Law & Due Process: 

  • In Maneka Gandhi v. Union of India (1978), the SC ruled that “procedure established by law” must be just, fair, and reasonable. 

  • The 2024 judgment echoes this by insisting that even state actions must respect legal procedures, especially when impacting socio-economic rights. 

  • Judicial Innovation via Public Interest Litigation (PIL): 

  • Used to enforce rights of underrepresented sections (tribals, bonded labourers, slum dwellers). 

  • MC Mehta v. Union of India: Landmark PILs ensured environmental and occupational protections. 

  • Protection of Socio-Economic Entitlements under Welfare Laws: 

  • Swaraj Abhiyan v. Union of India (2016): Directed effective implementation of MGNREGA and National Food Security Act. 

  • Courts have enforced rights to food security, employment, pensions, etc. 

 Upholding Constitutional Morality: 

  • Balancing Power Among Organs of State: 

  • The SC acts as a check when the executive acts disproportionately or bypasses judicial scrutiny. 

  • Indira Gandhi v. Raj Narain (1975): Asserted that constitutional supremacy trumps political expediency. 

  • Doctrine of Proportionality: 

  • Reaffirmed in Modern Dental College v. State of M.P. (2016) - state actions impacting rights must be reasonable, necessary, and proportionate. 

  • Defending the Rights of the Vulnerable: 

  • Mohini Jain (1992) and Unnikrishnan (1993): Declared education as a fundamental right, essential to equality and dignity. 

  • Judiciary reflects transformative constitutionalism - seeing the Constitution as a tool for social empowerment. 

  • Incorporating Global Norms: 

  • SC aligns with international human rights standards such as ICCPR and ICESCR, enhancing domestic interpretation of socio-economic rights. 

  • Upholding Rule of Law and Procedural Fairness: 

  • 2024 judgment aligns with A.K. Gopalan v. State of Madras (1950) to Maneka Gandhi (1978) evolution: Due process is now integral to law. 

 Way Forward:  

  • Codify Safeguards Against Arbitrary Action: Introduce legal standards for state demolitions and ensure pre-demolition notices, rehabilitation, and legal recourse. 

  • Judicial Capacity Building: Strengthen lower judiciary to handle socio-economic rights violations swiftly and justly. 

  • Parliament-Judiciary Collaboration: Align judicial interpretations with legislative initiatives to reinforce rights (e.g., RTE Act, NFSA, MGNREGA). 

  • Public Awareness of Rights: Promote constitutional literacy, especially among the poor, to empower communities against unlawful state action.  

 Conclusion:  

  • The judiciary remains a vital bulwark against arbitrary state power, ensuring that socio-economic rights are upheld not merely as policy choices but as constitutional guarantees. The 2024 SC judgment underscores the imperative of procedural justice and reinforces that in a democracy, legality cannot be sacrificed for expediency.  

 Value Addition:  

Key Term / Report / Case 

Relevance 

SC 2024 Bulldozer Justice Judgment 

Reinforces rule of law and right to shelter 

Justice Krishna Iyer & Justice Bhagwati 

Champions of social action litigation and people-centric constitutionalism 

NITI Aayog’s “India@100” Vision Document 

Prioritises inclusive urbanisation and housing for all 

World Bank’s “Ease of Living Index” 

Housing insecurity is a key metric of urban inequality 

SDG 11: Sustainable Cities & Communities 

Calls for inclusive, safe, resilient housing and urban spaces 

Global Examples 

South African Constitutional Court upheld housing rights in Grootboom (2000)