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The core philosophy of rights expansion in Indian constitutionalism is that rights are not gifts from the State but inherent entitlements of citizens, enforceable against State and private actors, requiring active citizen engagement alongside institutional mechanisms for realization.
- True
- False
Answer: True
Rights philosophy in Indian constitutionalism: (a) Inherent entitlements: Rights flow from human dignity (Preamble), not State benevolence; State obligation to respect, protect, fulfill rights, (b) Enforceability: Fundamental Rights justiciable against State (Article 12); expanding to private actors via PIL, statutory duties (POCSO, DPDP Act), (c) Active citizen engagement: PIL enables public-spirited litigation; RTI empowers information access; social audits promote accountability; awareness campaigns facilitate rights claiming, (d) Institutional mechanisms: Judiciary (writ jurisdiction), NHRC/NCPCR (monitoring), Legal Services (access to justice), Data Protection Board (privacy enforcement) — multi-layered enforcement architecture, (e) Transformative vision: Rights not static but dynamic; interpreted to advance justice, liberty, equality, fraternity for all, especially marginalized groups. Reflects Constitution's emancipatory potential: law as tool for social transformation, not just order maintenance. Essential for UPSC Mains conceptual understanding and answer depth.