Relevance of UDHR and UN Charter in Adoption of Fundamental Rights
The Universal Declaration of Human Rights (UDHR) adopted in 1948 and United Nations Charter of 1945 together mark most profound milestones in global human rights movement. They emerged in aftermath of Second World War when humanity recognised need for institutional guarantees against tyranny and oppression. The UN Charter provided foundational legal commitment to promote respect for human rights, while UDHR operationalised this commitment into thirty articles of civil, political, economic, social, and cultural rights. Though non-binding, UDHR has evolved into source of customary international law, influencing global constitutions, judicial reasoning, and legislative practices. In India, framers of Constitution were deeply inspired by UDHR. The Fundamental Rights incorporated in Part III bear striking resemblance to provisions of Declaration. Right to equality, life, liberty, freedom of speech, association, and education reflect deliberate effort to align national governance with international standards. Yet, debate remains as to whether these rights were borrowed directly or whether they were primarily rooted in India’s own constitutional tradition of social justice and freedom. This research explores relevance of UDHR and UN Charter in shaping Fundamental Rights, critically evaluating their impact and limitations. It further addresses paradox of Declaration’s non-binding nature and its binding influence on constitutional jurisprudence. By situating India’s constitutional rights within globalising world, research demonstrates how international human rights instruments shaped, and continue to shape, India’s democratic framework.