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by vkrm 3226 days ago
IMO, this is a specious argument, especially in the Indian context. Access to food, clothing, and shelter are NOT fundamental rights[0].

On the other hand, the Aadhaar program (which is the context the above argument was made for) can be viewed as impinging on the fundamental "Right to Constitutional Remedies" as its governing body the UIDAI is set up in such a way that the UIDAI itself has sole authority on whether or not a grievance needs the intervention of the established judicial system[1].

[0]https://en.wikipedia.org/wiki/Fundamental_Rights,_Directive_...

[1]http://www.firstpost.com/tech/news-analysis/the-uidai-has-in...
1 comments
denzil_correa 3226 days ago
> Access to food, clothing, and shelter are NOT fundamental rights

This is not true. Food, water, education and shelter are fundamental rights under Article 21.

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vkrm 3226 days ago
IANAL and I could be wrong here, but I think thats only partially right.

Although article 21 itself doesn't say anything about food, shelter etc, the courts have established precedent by including those in their interpretation of article 21 and the directive principles in the past. However, I'm not sure there has been a ruling specifically affirming those rights as being fundamental, and the text of the constituion definitely does not mention them as fundamental rights. The full text of Article 21 is simply: "No person shall be deprived of his life or personal liberty except according to procedure established by law."

Since the right to education is specifically included under Article 21(A), it is a fundamental right.

In the specific case of Aadhaar and UIDAI as they currently exist, I think the "Right to Privacy" which has now been affirmed, and the "Right to Constitutional Remedies" (Article 32) should take precedence.

Right to clothing isn't mentioned anywhere as far as I can tell.

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denzil_correa 3226 days ago
> However, I'm not sure there has been a ruling specifically affirming those rights as being fundamental, and the text of the constituion definitely does not mention them as fundamental rights

Yes, there are rulings specifically affirming food, water etc. as fundamental rights.

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