Shri P. Ishwara Bhat, Dean, Faculty of Law, University of Mysore
has restructured and revised his Ph.D. thesis and brought out the book titled
';Fundamental Rights – A Study of Their Interrelationship';.
The present book has four Parts. Part One consists of 3 Chapters,
viz., the Chapter 1 and Chapters 2 and 3. Chapter 2 discusses jurisprudential
basis for and the doctrinal thrusts involved in interaction of civil rights
values. The synthesis of interests of personality, the application of concern
for justice and the consequent relations amidst multitude strands of equality
and liberty under the value matrix of equal liberty of all are discussed here
in the light of politico-legal philosophies. Chapter 3 focuses on the Indian
historical experiences about interrelationship of basic rights. The ancient
Indian tradition of basing the rights on performance of social duties, and the
positive and negative scenario arising from compliance or non-compliance with
the value of equal liberty of all at various stages and spheres of historical
development have been discussed in this chapter.
In Part Two, which consists of 4 Chapters (4 to 7), the discussion
concentrates on interrelationship principles and practices in a sphere where
Fundamental Rights project the claims for justice. Fairness in procedural due
process norms (Chapter 4), Substantive due Process Development (Chapter 5).
Right to Equality (Chapter 6) and Right to constitutional Remedies (Chapter
7) are analysed from the perspective of interrelationship of rights.
In Part three are grouped 6 Chapters (Chapters 8 to 13) that
deal with interrelationships connected with aspects and attributes of dignified
life, personal liberty, freedoms and right to property. Positive dimensions
of right to dignified life and personal liberty (Chapter 8), right against exploitation
(Chapter 9), the freedoms under Article 19 relating to speech, expression, assembly,
association, movement, residence, business, profession and occupation (Chapter
10), freedom of religion, secularism and denominational rights (Chapter 11),
educational and cultural rights (Chapter 12) and right to property (Chapter
13) are discussed keeping in mind the implications and impact of interrelationship
of rights.
In Part four there are four Chapters. Since interrelationship
of rights is a pat of the larger phenomenon of interrelated working of various
provisions of the Constitution, in Chapter 14 the impact of other parts of the
constitution relating to Directive Principles of State Policy, Fundamental Duties,
Democracy, Federalism and Emergency Provision upon the interrelationship of
rights is analysed. Chapter 15 bring out international human rights discourse
from the perspective of interrelationship of rights. It analyses the genesis
and development of international human rights instruments, their operation and
impact, regional system like European Convention on Human Rights, the British
Human Rights Act, 1988, and the impact of international human rights norms upon
India’s constitutional jurisprudence on fundamental rights. Chapter 17 deals
with the contemporary issues, whether Part III of the Constitution requires
any amendment. The proposals made in the Constitution Papers and the Final Report
released by the National Commission for Review of Working of the Constitution
are discussed from the perspective of interrelationship of fundamental rights.
In Chapter 16 the issues of prioritisation of rights in the background of this
study is discussed and general conclusions are drawn.
The following observations of Prof. Bhat are good food for thought :
Firstly, some of the directive principles of State policy,
which are related to distributive justice, moulded the property relations by
influencing the interrelationship doctrine, both directly and indirectly.
Secondly, the interrelationship doctrine is very much influenced
by Article 39A of the Constitution which provides for equal justice and free
legal aid in the justice delivery system.
Thirdly, the directive principles of State shall strive to
secure its citizens right to an adequate means of livelihood and make the effective
provision for securing right to work.
Fourthly, the directive principle that ';tender age of
children are not abused';, and that ';children are given opportunities
and facilities to develop in a healthy manner and in a conditions of freedom
and dignity that childhood and youth are protected against exploitation against
moral and material abandonment'; [Article 39(f) have provided the spirit
of law to the Apex Court.
Fifthly, the directive principle of ';Equal pay for equal
work'; and ';participation of workers in management'; were received
through right to equality under Article 14 in Part III, in various cases, such
as Randhir Singh (AIR 1982 SC 469)and National Textile Workers Union case (AIR
1983 SC 75).
Sixthly, the directive principles relating to uniform civil
code has the potentiality of using the interrelationship doctrine for its implementation.
Seventhly, the promotion of educational and economic interest
of Scheduled Caste and Scheduled Tribe and other weaker section of the society,
contemplated under Article 46 provides a guidance for affirmative actions under
Article 15(4) and 16(4) and a pointer for resolving tension between formal and
substantive equality by laying emphasis on infusing of strength and ability
to compete, through eduction and training to weaker sectors (M.R. Balaji vs.
State of Mysore – AIR 1963 SC 649).
Finally, the directive principle that the State shall endeavour
to foster respect for international law and treaty obligations has a great potentiality
of absorbing the international principles relating to guarantee of human rights,
and thus influence the interrelationship doctrine.
The author’s convictions are reflected as under :
(i) The impact of directive principles upon the interrelationship
doctrine or vice-versa is not only theoretical but also practical and rewarding.
Interrelationship doctrine has given impetus to, and got animated by the process
of reading the directive principles into Part III of the Constitution.
(ii) It is true to say that the interrelationship doctrine
has its roots in the very text of the constitution. This can be seen when the
objects set in the Preamble, followed by Juxtaposing of right to equality with
classification, the flexibility imbibed in fundamental rights, the spirit of
law (operation of whole Part-III of the Constitution visa-vis the impugned law)
rejection of compartmentalised treatment of fundamental rights and finally,
the distinction between citizens and non-citizens with regard to availability
of fundamental rights and the possibility of invoking a fundamental right to
avail a suspended fundamental right during emergency are taken into account
with a conscious approach of unity in diversity.
Former Chief Justice of India Shri M.N. Venkatachelaiah, in
his foreword to the above book, said that professor Bhat examines the relationship
of fundamental rights inter se and the jurisprudential and constitutional foundations
of that interrelationship. The interrelationship is also a necessary implication
of constitutionalism and Rule of Law. It was viewed that professor Bhat, in
his elegant analysis, indicates the ';parallel streams'; and ‘cross-currents’
of fundamental rights and how these rights inform and enrich each other. This
discourse has its familiar ring in the International Human Rights Regime, and
the principles of their universality, indivibility and interdependence.
The Eastern Law House Pvt. Ltd., 54, Ganesh Chunder Avenue,
Kolkat a 700 013 have published and processed the book and priced at Rs. 650/-.