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Research Paper Volume 8 Issue 5 977 - 992 October 4, 2025

Relevance of UDHR and UN Charter in Adoption of Fundamental Rights

Lead author · Corresponding
Harsh Jaiswal
LL.M. Student at Amity Law School, Amity University, Lucknow, India
Co-author
Dr. Axita Shrivastava
Assistant Professor at Amity Law School, Amity University, Lucknow, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.1110848
Abstract

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.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 5, Page 977 - 992
DOI: https://doij.org/10.10000/IJLMH.1110848
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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