PSIR Simplified

The Fundamental Rights mentioned in the Part III of the Indian Constitution are termed ‘Fundamental’ in following two senses:

First, they are fundamental in the full development of human personality. The rights like freedom of expression or rights to life and personal liberty play an important role in the human development. Without these rights, we cannot conceive full development of human life.

Second, the rights given in Part III of the Constitution are ‘fundamental’ in the sense that they are mentioned in the fundamental law of the country. The Constitution of India is considered as fundamental law as other laws and regulations are subordinate to the constitution. The principle of the supremacy of the constitution also underlines that the constitution is the fundamental law in India.

The New Fundamental Laws Recognized by the Supreme Court in last one Decade

The supreme Court of India has the power to interpret the Constitution. While interpretation the constitution of India particularly the fundamental rights, the Supreme Court has considerably enhanced the scope of fundamental rights in last seven decades. Among Fundamental Rights the Court has made liberal interpretation of  the rights mentioned in some articles mainly Article 19 and Article 21. For Example, the right to information has been derived as fundamental right from Article 19 and right to clean environment has been derived from Article 21.

In last one decade, the Supreme Court has recognized the following new Fundamental Rights:

1. Right to Privacy– The nine-judge bench of the Supreme Court has recognized Right to Privacy as a fundamental right in the leading case of K.S. Puttaswamy v. Union of India (2017). This right has been derived from right to personal liberty under Article 21.
2. Right to Die with Dignity (Passive Euthanasia)- This right has also been derived from the right to personal Liberty under Article 21. It has been recognized in 2018 in the case of Common Cause v. Union of India. The Passive Euthanasia means withdrawal of artificial life support system in the case of terminally ill patients, where is chances of survival of the person are nil’ whereas Active Euthanasia refers to active administration of such medicines which cause human death in case of terminally ill persons. Please note that the Passive Euthanasia is the part of the right to die with dignity.
3. Decriminalization of Homosexuality- This right has been derived from Articles 14 (Right to Equality, Article 19 Right to freedom and Article 21 personal liberty. The Supreme Court decriminalized homosexuality among the consenting adults in 2018 in the case of Navtej Singh Johar v. Union of India. This means that the homosexuality between the consenting adults is no more  criminal offence.
4. Right to Digital Access- This right has been recognized  in 2025 in the case of Amar Jain v. Union of India under article 21. It has been held by the court that the connectivity to digital infrastructure is the fundamental right in modern age to to prevent the socio-economic exclusion of the persons.
5. Right to Safe Travel in Highways- It ahs been recognized as fundamental right in April 2026 by the court under Article 21 while taking Suo Moto cognizance of certain road accidents in India. The court held that the right to life includes safe mobility and protection from avoidable road hazards in highways.
6.  Right to Walk on Safe Footpaths- This right has been recognized as a new Fundamental Right in June, 2026 in caseManiyra Iliyaz Shaik Riyaz v. P. Ayyappan under article 19 (1) d and Article 21.The court held that the pedestrian should be given priority of safe walking in the road infrastructure.