The Constitutional Right to Compensation for Violation of Fundamental Rights: An Analysis of Recent Developments in India

Abstract This article examines the constitutional right to compensation for the violation of fundamental rights in the Indian context. It begins by exploring the historical development of this right, tracing its origins to the drafting of the Indian Constitution in 1950. The article then goes on to analyse the current state of the law in India with respect to this right, examining recent judicial decisions and legislative developments in this area. One key finding is the significant expansion of the right to compensation for violations of fundamental rights in India over the past decade. This expansion has been driven in part by the evolution of constitutional jurisprudence on this issue, as well as by the increasing recognition of the importance of this right among legal scholars, policymakers, and civil society organisations. This research also identifies several challenges that continue to limit the full realisation of this right in practice, including limited access to justice, institutional capacity constraints, and inadequate legislative frameworks. Overall, this article provides a comprehensive and nuanced analysis of the constitutional right to compensation for violation of fundamental rights in India, contributing to the ongoing discourse in this area and providing valuable insights for legal scholars, policymakers, and other stakeholders interested in promoting human rights and the rule of law in India.