Economic and Social Rights in South Asia

Abstract

Abstract This chapter examines the post-colonial history and judicial adjudication of economic and social rights in South Asia, focusing on the Indian Constituent Assembly Debates that framed the 1950 Constitution of India. The Constitution enshrined Directive Principles of State Policy to bring about economic and social justice through political means. These Principles acquired legal force with early Supreme Court case law that interpreted them in harmony with fundamental rights. The Indian Supreme Court later transformed Directive Principles into enforceable rights through public interest litigation (PIL) and other doctrinal innovations. The chapter notes this robust use of judicial review created jurisprudential and institutional problems. The chapter also explores the partial adoption of Indian case law in Bangladesh and Sri Lanka. The chapter argues that in all three countries, the PIL-based approach leaves economic and social rights on shaky legal foundations. The progressive realization of these rights, therefore, ultimately rests on legislative action.