The Constitutional Dimensions of Consumer Justice in India: From Statutory Remedies to Fundamental Rights
Consumer justice in India stands at a critical intersection of market governance and constitutional governance. This article addresses the doctrinal question of its proper placement in the legal hierarchy: whether consumer justice should be viewed primarily as a statutory remedy or as an integral part of the broader constitutional framework encompassing equality, dignity, health, and the right to access justice. Adopting a doctrinal approach, the article examines the Constitution of India, the Consumer Protection Act, 2019, landmark judicial decisions, the existing regulatory framework, and recent enforcement trends. It argues that Indian consumer law has undergone a significant normative shift. The statutory model has evolved from a post-transaction compensatory regime to a comprehensive preventive framework that includes scrutiny of unfair contract terms, public enforcement mechanisms, regulation of digital markets, and recognition of concurrent remedies. This evolution has been strengthened by liberal and welfare-oriented judicial interpretations, particularly in sectors such as public services, healthcare, housing, and arbitration. The article further highlights that many contemporary consumer injustices stem from digital architecture, especially persuasive design techniques and the exploitation of consumer data. Ultimately, it contends that consumer justice in India is best understood as a field where statutory remedies remain central, while being deeply informed by constitutional values. This perspective carries important implications for legislative design, regulatory enforcement, data governance, adjudicative processes, and future market reforms.