Site icon Legal Vidhiya

CONSTITUTIONAL DIMENSIONS OF CONSUMER RIGHTS IN INDIA

Hitesh Prajapat
Spread the love

This Article is written by Manasi Yamgar, MIT WPU School of Law, an intern under Legal Vidhiya.

ABSTRACT

Consumer protection in India extends beyond statutory obligations and is deeply embedded in the constitutional vision of justice, equality, and welfare. Though the Constitution does not explicitly mention “consumer rights,” a strong framework emerges through Fundamental Rights and Directive Principles of State Policy (DPSPs). This article explores how Articles 14, 19(1)(a), and 21 contribute to the development of consumer jurisprudence, ensuring equality, access to information, and the right to life with dignity. It further highlights the relevance of DPSPs—particularly Articles 38, 39, and 47—in guiding the State to promote equitable resource distribution, economic fairness, and public health, all of which align with consumer welfare.

The article also examines landmark judicial decisions such as M.C. Mehta v. Union of India, Indian Medical Association v. V.P. Shantha, and Lucknow Development Authority v. M.K. Gupta, showcasing the judiciary’s role in constitutionalizing consumer protection. It assesses the Consumer Protection Act, 2019 as a modern response to consumer needs in a digital economy, while acknowledging ongoing challenges including limited awareness, enforcement gaps, procedural delays, and complexities in online markets. The article concludes with key recommendations such as strengthening redressal mechanisms, promoting legal awareness, integrating ADR methods, and enhancing constitutional literacy to ensure consumer rights are fully realised, respected, and enforced.

KEYWORDS

Consumer Rights, Indian Constitution, Fundamental Rights, Directive Principles of State Policy, Consumer Protection Act 2019, Judicial Activism, Right to Life, Access to Justice, Digital Economy, Socio-Economic Welfare.

INTRODUCTION

Consumer protection occupies an essential position in the socio-economic and legal framework of contemporary India. The consumer is both ubiquitous and vulnerable in a nation like that of India with a vast and varied population. Mahatma Gandhi famously remarked, “A customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not interested in our work. He is the purpose of it. He is not an outsider in our business. He is part of it. We are not doing him a favour.”[1] Despite its nobility, this ideal is frequently at odds with reality, where customers are routinely subjected to become victims of substandard goods, misinformation, monopolistic practices, and exploitative pricing strategies. In the market economy, the consumer is frequently the weaker party in the transaction, especially in developing nations, even though they are a crucial stakeholder.

 The constitutional basis for consumer rights is implied and important, even if they are mostly regulated by statutory instruments, particularly the Consumer Protection Act, 1986 which has been superseded by the Consumer Protection Act, 2019.[2] The basis for consumer protection in India is comprised of a number of fundamental rights and directive principles, even if the Constitution of India does not have a separate chapter devoted to consumer rights. Courts have given a broad interpretation to articles 14 (equality before the law), 19(1)(g) (freedom of trade), and 21 (protection of life and personal liberty) to include consumer interests.[3] Furthermore, Articles 38, 39, and 47 of the Directive Principles instruct the State to advance social welfare, fair distribution of resources, and public health, all of which have a clear bearing on the well-being of consumers.[4]

In India, the development and evolution of consumer jurisprudence is closely aligned with the constitutional values of establishing a welfare state. The role of the State has progressively shifted from a laissez-faire model to a proactive guardian of public welfare. In this shift, consumer rights have emerged not merely as statutory entitlements but as constitutional goals necessary to uphold and strengthen the principal values: justice, fairness, and dignity. Judicial activism has further enhanced the scope of consumer protection, with landmark decisions holding that consumer rights are an integral part of the right to life under Article 21—for example, in M.C. Mehta v. Union of India.[5]

This study examines how the Constitution, through its provisions and underlying philosophy, supports and strengthens consumer protection mechanisms in the market. It also considers the interaction between legislative intent and constitutional principles, while drawing attention towards judicial contributions to consumer jurisprudence in India. In doing so, the study advocates for a more robust, constitutionally anchored approach to consumer law that ensures equity and accountability in this age of increasingly digital and market-driven economy.

HISTORICAL BACKGROUND AND INTERNATIONAL INFLUENCE

The present concept of consumer protection—integrated into modern legal frameworks—gained global momentum after U.S. President John F. Kennedy’s landmark address on March 15, 1962. Addressing Congress, Kennedy articulated the ‘right to knowledge,’ the ‘right to safety,’ ‘freedom to choose,’ and ‘the right to be heard’ as fundamental rights of a consumer.[6] Even though it did not have any legal backing, the announcement marked a monumental shift towards recognizing the consumers in commercial activities as rights-bearing participants. This is why March 15 is celebrated as World Consumer Rights Day in honour of the impact JFK had on the international consumer movement.

Another pivotal leader in the international movement for consumer rights was Ralph Nader, who profoundly contributed to the advocacy by publishing his book Unsafe at Any Speed which highlighted American automobiles’ flaw in their construction and their potential for causing death.[7] He single-handedly set off a chain of advocacy leading to legislations on consumer safety in the United States and also acted as an inspiration for consumer movements globally.

In India, the roots of consumer protection law run deep and are as old as ancient civilization. Ancient Indian texts like the Vedas, Manu Smriti, Yajnavalkya Smriti and Arthashastra had provisions dealing with fairness in trade, safety related to goods and services, and their overall protection. Manu Smriti in particular dealt with morality in trade and punishments for adulteration. It also required regular evaluation of standards and precision measurement of trade and expressed devotion towards accountability of market systems.[8]

Kautilya’s Arthashastra, which focuses on governance and economics of the Mauryan period, prescribed harsh punishments for trade crimes like adulteration and price scams.[9] It outlined the role of the government in supervising trade and safeguarding the interests of the consumers. It was mandatory for traders to have licenses, and there were preset prices with set limits on profit margins. Compliance was taken seriously and there were harsh punishments for violations, indicating that market abuse was taken very seriously.

During the medieval era, Islamic law as captured in the Quran emphasized fair trading practices and banned the use of false weights and measures.[10] Alauddin Khalji and other rulers enforced strict price control policies, creating designated zones for certain types of commodities. Actions such as short weighing or price manipulation were punishable offenses.[11]

The new era brought the rule of the British in India, resulting in the introduction of the English Common Law and new legislations such as the Indian Contract Act of 1872, and the Sale of Goods Act of 1930.[12] With the passage of these laws, the country started having a set minimum level of business standards.

India finally got independence, and soon adopted a democratic Constitution which served as a precursor to the consumer rights legislation. The time right after independence marked the enactment of numerous laws including the Consumer Protection Act of 1986 and its successor, the Consumer Protection Act, 2019, reflecting both the constitutional vision of a welfare state and the need for protecting consumers in a complex and evolving marketplace.[13]

ROLE OF FUNDAMENTAL RIGHTS IN CONSUMER PROTECTION

The Indian Constitution, while not explicitly referring to the term “consumer”, inherently supports the concept of consumer protection through its Fundamental Rights framework. These rights, enshrined in Part III of the Constitution, provide a constitutional foundation for consumer justice in a welfare state and reinforce the legislative mandate of the Consumer Protection Act, 2019.

Guaranteeing equality before the law with equal protection of the law, Article 14 also provides for non-discrimination within the consumer space. This means all consumers, regardless of their socio-economic standing, are to be treated fairly, and non-discrimination is mandatory. Actions such as discriminatory pricing and exclusionary services or arbitrary treatments by sellers or providers of services, and even state monopolies, do not pass the constitutional test and are likely to be quashed under this Article.

As stated in article 19(1)(a), freedom of speech encompasses receiving and imparting information which is vital in contemporary consumerism. For the sake of making choices, consumers must have timely access to relevant accurate information on the services and products offered. In Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd.[14] the Supreme Court stated that commercial advertisements that conveying information which serves the public interest as “commercial speech” under Article 19(1)(a).

Article 21 of the Indian Constitution has been widely interpreted to include the right to live with dignity. This right to live with dignity includes protection from hazardous products, unsafe food and other situations that are exploitative. In Reliance Petrochemicals Ltd. v. Proprietors of Indian Express Newspapers[15], the Supreme Court recognized that the right to know includes the right to life and personal liberty, and relates to the broader right to enjoy healthy life. In Bandhua Mukti Morcha v. Union of India[16], the Court acknowledged that one aspect of life as framed under Article 21 is to protect from exploitative situations and prescribes humane conditions; the consumer’s interest and rights, here, is in line with wider considerations of human rights jurisprudence.

The Preamble to the Indian Constitution describes the inclusive nature of the goals of justice (social, economic, and political). Consumer justice is merely an expression of those goals and is an expression of the state’s responsibility to protect its citizens from exploitation by market forces. By including the term “socialist” by the 42nd Amendment[17], the state has an obligation to provide a reasonable distribution of resources, and regulate markets to benefit weaker sections like consumers.

Thus, the constitutional scheme offers a robust normative framework to uphold consumer rights, with Fundamental Rights providing both legal justification and moral legitimacy for state intervention in consumer protection.

DIRECTIVE PRINCIPLES OF STATE POLICY AND CONSUMER WELFARE

The Directive Principles of State Policy (DPSPs), enshrined in Part IV of the Indian Constitution, serve as a guiding framework for governance and policymaking in India. Although these principles are non-justiciable and not enforceable in a court of law, they reflect the spirit and purpose of the Constitution and serve as essential tools to achieve socio-economic justice—including consumer welfare.

Article 38 mandates that the State “promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political shall inform all institutions of national life.” This provision obligates, under our Constitution, the State to promote the welfare of its citizens in its legislative and administrative activities, which includes ensuring that consumers are protected from exploitation, abusive practices, and unsafe goods.[18]

The principle of distributive justice, reflected in Articles 38 and 39, is important in ensuring equitable distribution. Article 39 (b) and (c) requires the State to ensure that ownership and control of material resources is distributed so as to subserve the common good, and that economic activities do not lead to the concentration of wealth.[19] These dictates provide a constitutional basis for legislative schemes, like the Consumer Protection Act, 2019, to address monopoly issues, deceitful trade practices, and consumer rights in the liberalized economy.

Further, article 39(a) provides that all citizens, both men and women equally, should have the right to an adequate and basic means of livelihood. This is applicable in the consumer context, especially for weaker economic groups, which makes it difficult to establish their rights. It establishes a basis for the provision of free legal services allowing financially weaker consumers to take action before the appropriate forum and not be disadvantaged because of their lack of money.[20]

Article 47, another very relevant DPSP, states the duty of the state to raise the level of nutrition and standard of living and improve public health. This, in turn, suggests a duty of the state to regulate the production and distribution of food and consumer goods, so that safety, hygiene, and quality are taken into account. It provides a constitutional basis for preventing adulteration, false descriptions, and the sale of quality defective products that threaten public health.[21]

While these provisions are not enforceable by courts, they hold persuasive constitutional authority. When read in harmony with Articles 14, 19, and 21, the DPSPs serve as foundational principles to reinforce the State’s duty to safeguard consumer interests. Thus, the Directive Principles, although non-justiciable, form a constitutional bedrock for the promotion and protection of consumer rights in India.

JUDICIAL PRONOUNCEMENTS AND INTERPRETATIONS VALIDATING CONSUMER RIGHTS

The Indian judiciary has been instrumental in the expansion of coverage of consumer protection by often giving extended interpretations to existing constitutional provisions in a way that is forward-thinking and pro-consumer. Through several key judgments, the courts in India have affirmed that consumer welfare is not only an entitlement, but is also linked to the constitutional promise of justice, equality, and dignity.

One of the most important decisions in this regard is M.C. Mehta v. Union of India[22], popularly known as the case of Oleum Gas Leak.1 In this case, the Supreme Court confirmed that the “right to life” under Article 21 establishes a right to life not just in terms of mere survival, but rather a life with dignity and safety. The Court established the doctrine of strict or absolute liability of hazardous industries, allowing for the recognition that consumers and citizens have a right to be protected from dangerous goods and unsafe industrial practices. While, at its essence, it was an environmental law case, it created the basis for constitutionalising consumer safety as an aspect of people’s fundamental rights.

In Indian Medical Association v. V.P. Shantha[23], the Supreme Court of India interpreted that the medical practitioners are also included in the scope of the Consumer Protection Act, 1986 by quantifying medical services, under section 2(1)(o) of the Act, as a ‘service. The Court held that patients are consumers and they are entitled to transparency, they expect providers to be accountable, and they are entitled to recourse where there is negligence. In this decision, it bridged the gap between statutory consumer protection to constitutional rights in Articles 14 and 21, which overlap in ensuring rights and enforced responsibilities.

In another landmark judgement case, Laxmi Engineering Works v. P.S.G. Industrial Institute[24], the Supreme Court defined the provisions of “consumer.” The Court explained the legislative intent from various consumer law provisions and stated that purchasers who use goods for commercial purposes are not consumers as defined by the Act. The significant point made however was that the manufacturer must not only give explicit usage instructions, but be concerned about product safety as well, and that there was a right to know about consumption- consistent with Article 19(1)(a).

Another significant case is Lucknow Development Authority v. M.K. Gupta[25], in which the Court also ruled that government bodies are capable of being liable for deficiency in service.4 This ruling was a significant affirmation of consumer rights into the public sector, as well as a reaffirmation of the idea that when it acts as a service provider to the public, the State must be accountable.

Through this ruling and many others, the judiciary has not only interpreted consumer law, but has also located it as part of the larger constitutional framework. These rulings ensure that consumer rights do not exist solely as rights, but in a manner that is consistent with the Preamble, Fundamental Rights, and Directive Principles of State Policy, making all consumer protection a part of the constitutional fabric of India.

CONSTITUTIONAL VALIDITY AND ALIGNMENT OF THE CONSUMER PROTECTION ACT, 2019

The law of the Consumer Protection Act, 2019 (CPA 2019) is a tremendous step forward for consumer rights jurisprudence in India. While acknowledging international obligations pertaining to consumer rights, the CPA 2019 is flexible to the changing socio-economic and technological contexts of a globalization-oriented economy and trade. WPA 2019 repeals the former Consumer Protection Act, 1986 (CPA 1986), and whilst there are some limitations from the CPA 1986 contained within the CPA 2019, it sets the stage for advancing more holistic schemes in pursuit of protecting consumer interests. This Act closely aligns with constitutional values, features and obligations that arise naturally out of constitutional norms like the Preamble, the Fundamental Rights, and Directive Principles of State Policy (DPSPs).

Due to the proliferation of e- commerce, cross-border trade and digital ads, ordinary legal-regulatory instruments no longer effectively protect consumers from misleading advertisements, online frauds, and data/to use their information. CPA 2019 advances with these requirements and includes various reforms such as e-filing of complaints, product liability, mediation cells, and a Central Consumer Protection Authority (CCPA) to provide for faster redressal and empowerment of consumers. These changes strengthen the constitutional vision of justice -social, economic, and political- referred to in the Preamble.

From a constitutional perspective, the legalization of the CPA 2019 was supported by judicial interpretation and legislative competence. For instance, in State of Karnataka v. Vishwabharathi House Building Cooperative Society[26], the Supreme Court found that the Consumer Protection Act was a good law under Entry 20 and Entry 6, of the Concurrent List therefore, it upheld the Parliament’s legislative competence to enact such laws under Article 246 of the Constitution. The Court, moreover, noted legislation is conducive to accessing justice by endorsing Article 14 concerning equality before law, by making the access to law more affordable and accessible to all and particularly to economically weaker consumers.

In Spring Meadows Hospital v. Harjol Ahluwalia[27], the court rejected the notion that the CPA violated the freedom of practice of a profession under Article 19(1) (g). Instead, the court found that the CPA imposed reasonable restrictions in the interest and protection of public health and safety, which satisfied the tests identified in Article 19(6). The CPA also supports Article 21, and the right to life and personal liberty by providing access to safe goods and services to consumers as informed users.

The principles of consumer protection are further underpinned by Article 38 and Article 39 of the Constitution which require the State to promote a social order for the promotion of justice and disallow the concentration of wealth. CPA 2019 achieves this by allowing service providers, traders, and manufacturers to be held accountable and, therefore, encourages a stronger balance in the relationship between the consumer and the producer.

Broadly stated, the Consumer Protection Act, 2019 can be viewed as being constitutional as a statutory manifestation of India’s adherence to its pledges of welfare, social justice, and participatory democracy.

CONSTITUTIONAL GAPS AND PRACTICAL CHALLENGES IN CONSUMER RIGHTS

While legal developments, such as the Consumer Protection Act, 2019, have made strides towards enforcing regulatory standards, fundamental gaps still exist in the enforcement process and with institutional mechanisms due to socio-economic factors, digital illiteracy, and enforcement mechanisms. When enforcement is lacking, the constitutional goal of equal standing before the law, protect consumers’ right to procedural and substantive justice, and access to just and equitable remedies under the Consumer Protection Act, 2019 is undermined, making the goal for effective consumer protection a constitutional necessity.

  1. Lack of Consumer Awareness:

Many consumers engage with products and services without having an understanding of their rights and legal mechanisms for redressal in terms of the Consumer Protection Act, 2019. Lack of awareness of legal rights is paramount in rural and semi-urban spaces in India, where educating consumers and developing informational strategies have yet to establish a foothold and have been largely ignored. Lack of awareness stops consumers from fully exercising their rights and accessing redressal by bringing complaints before consumer forums.[28]

  1. Lack of Proper Enforcements Mechanisms

While legal requirements are clearly outlined with strong provisions, enforcement often remains obfuscated and constrained.  Consumer Disputes Redressal Commissions (CDRCs) are often burdened by existing cases. All of these factors cause lasting delays in the enforcement state of justice, which ultimately dissuades aggrieved consumers to pursue a remedy.[29]

  1. Complex and One-Sided Contracts:

For most consumers, they do not have a legitimate understanding of the cascading layers of complexity in the conditions of contracts that consumers are agreeing on with multiple parts being highly technical and stripping themselves of rights. Standard form contracts, or clickwrap agreements are the most abundant tools of e-commerce today, but there is no room for a consumer to negotiate for value, as both consumers and businesses agree to pre-determined terms and conditions.[30]

  1. Digital Marketplaces Problem Areas:

E-commerce platforms offer unique problems for enforcement. For example, cross-border transactions, fake reviews, deceptive advertising, and no inspection of products can present significant risks. Due to inadequate infrastructure and very little or no recruitment, traditional regulatory structures cannot keep up with the pace of digital innovation.[31]

  1. Proliferation of Counterfeit and Substandard Goods:

The markets are filled with duped, expired or substandard goods that threaten public health and safety. Weak regulatory structures or ineffective market surveillance have enabled these goods to fall into the hands of consumers that destroy trust and safety.[32]

  1. Procedural Delays in Redressal:

The procedural burden in lodging consumer complaints, coupled with lengthy litigation, is discouraging consumers. Even after the implementation of e-Daakhil through CPA 2019, inefficiencies in systems remain a common occurrence.[33]

  1. Increasing Consumer Debt Stock and Foundationally Exploitative Credit:

Large-scale aggressive marketing of credit schemes without educating consumers on their right to dispute charges is creating borrowers that cannot manage their debt burden. Rent-seeking lenders and digital loan apps that target vulnerable consumers are booming without checks and balances from compliant authorities.[34]

RECOMMENDATIONS: THE WAY AHEAD

Consumer protection as a value of the constitution, though indirect, has a firm foundation in providing social justice and economic justice as stated in the Preamble, the Fundamental Rights, and the Directive Principles of State Policy (DPSPs). While the 2019 Consumer Protection Act is the principal statutory instrument available to protect consumer rights, as commerce and technology are developing in variables ways that were not initially predicted, steps should be taken, to entrench constitutional obligations in this area.

  1. Reinforce Redressal Mechanisms:

Strengthen Consumer Commissions at all levels, with sufficient resources, trained professionals, and technology to ensure timely disposal of cases, and ensure the right to speedy justice is afforded through Article 21.

  1. Integrate ADR Systems:

Encourage mediation and arbitration as informal resolution techniques, which will decrease the backlog of cases. Consumers in India need options for alternatives to dismissal. The informal resolution of consumer issues is recognized in Section 37 of the Consumer Protection Act 2019.

  1. Enhance Legal Awareness:

Comprehensive legal literacy programs should be implemented on a countrywide basis particularly in rural and other underserved areas to fulfil the directions set forth in DPSP Article 39A to ensure people have equal access to justice.

  1. Promote Digital Consumer Protection:

Laws should be updated to protect consumers using online mediums, particularly with respect to data privacy, counterfeit products, and digital/computer judiciousness and crime in accordance with the Article 21 (right to life and personal liberty).

  1. Mandatory Plain Language Contracts:

Require businesses to provide clear and unambiguous consumer contracts that use plain language so that consumers understand the content that they are consenting to, and in doing so, to protect the consumer’s right to information guaranteed under Article 19(1)(a).

  1. Ensure Equitable Access to Justice:

Improve publicly-funded legal aid programs to support low-income consumers to seek compensation, thereby fostering our constitutional obligations in Article 14 and Article 39A.

  1. Monitor and Regulate Advertising:

Impose greater liability on endorsers of misleading ads, for consumers (celebrities and companies) endorsing misleading ads, particularly considering the health implications of the products, as required by public interest jurisprudence.

  1. Publicize Consumer Forums and Portals:

Enhance the profile of District, State, and National Commissions and e-Daakhil Portal, so that consumers know what their rights are and their remedies under CPA 2019.[35]

  1. Build Consumer Responsibility:

Advocate for responsible behavior from consumers e.g., check MRP, expiry dates, keep the receipts etc. This contributes to the participatory aspect of consumer welfare.

  1. Periodic Review of Consumer Laws:

Establish review committee(s) to keep the law relevant when there are changes in the market and technology in the face of law so that the law continues to provide dynamism consistent with development of constitutional law.

CONCLUSION

Consumer rights in India are not merely statutory entitlements but are deeply rooted in the constitutional ethos of justice, equality, and dignity. The interplay of Fundamental Rights, Directive Principles of State Policy, and judicial interpretation has created a solid constitutional ground for consumer protection. The Consumer Protection Act, 2019 has improved the law, but ongoing issues, including lack of awareness, vulnerability of digital consumers, and delays in procedural processes, impede the fuller realization of consumer rights. To achieve the Constitution’s vision of a welfare state, we must fortify redressal systems for consumers, increase legal literacy, and enhance regulatory mechanisms in line with market forces and realities. A constitutionally aligned and citizen-centric approach to consumer rights is crucial to ensure rights are respected, protected, and fulfilled in form and spirit.

REFERENCES

  1. Vipan Kumar & Adya Sharma, Strengthening Consumer Rights: The Advent of Consumer Protection Act, 2019, SSRN Elec. J. 1, 1 (2020), URL: https://ssrn.com/abstract=3630775:contentReference[oaicite:0]{index=0}.
  2. Dr. Seema Kashyap & Priyanka, Evolution of Consumer Protection Legislations in India: A Study, 8 Int’l J. Novel Res. & Dev. 846, 846 (2023).
  3. Dr. Chatar Singh Negi & Dr. Sanjay Kumar, Consumer Protection in India: Empowering Consumer, 10 Int’l J. Dev. Res. 33873, 33873 (2020).
  4. Dr. Ishwar Mittal, Recognition and Protest for Consumer Rights: A Consumer Awareness Perspective, 19 M.D.U. L.J. 185, 185 (2017).
  5. Neeraj Patharkar & Nitin Jain, A Study on Consumer Awareness Towards Their Legal Rights (With Special Reference to Bhopal and Katni Districts of Madhya Pradesh), Unpublished manuscript (n.d.).
  6. Pooja GN, Consumer Exploitation and Laws to Protect Them, SSRN Elec. J. 1, 1 (2021),URL: https://ssrn.com/abstract=3942538:contentReference[oaicite:2]{index=2}.
  7.  Dr. K. Lavanya Latha, A Study of Consumer Protection, Rights and Responsibilities in India, 47 J. Consumer & Com. L. 229, 229 (2022).
  8. Dr. Mrinal Ghosh & Dr. Kabin Sarma, Understanding Consumer Rights and Responsibilities through Consumer Protection Act 2019, 11 Int’l J. Mgmt. 2412, 2412 (2020),URL: https://iaeme.com/Home/article/IJM?article_id=IJM_11_11_224:contentReference[oaicite:4]{index=4}.
  9. Naman Jain & G. Datta Prasad, Interface Between India’s Constitution and the Consumer Protection Act of 1986: Constitutional Consumerism, 19 J. Consumer & Com. L. 32, 32 (2021).
  10.  Upendra Baxi, Equity and Expedition in Consumer Law and Justice: Some Theoretical Reflections and Practical Concerns, 11 Int’l J. Consumer L. & Prac. 1, 1 (2023), URL: https://repository.nls.ac.in/ijclp/vol11/iss1/2:contentReference[oaicite:6]{index=6}.
  11.  M.K. Gandhi, Collected Works of Mahatma Gandhi, Vol. 98, at 286 (Publications Division, Ministry of Information and Broadcasting, Govt. of India, 1983).
  12. The Consumer Protection Act, 2019, § 2, No. 35, Acts of Parliament, 2019 (India). India Code (2019), URL: https://indiacode.nic.in.
  13.  India Const. art. 14, art. 19(1)(g), art. 21.
  14.   India Const. art. 38, art. 39, art. 47
  15.  M.C. Mehta v. Union of India, (1987) 1 S.C.C. 395 (India).
  16.   John F. Kennedy, Special Message to Congress on Protecting the Consumer Interest, 1 PUB. PAPERS (Mar. 15, 1962), https://www.presidency.ucsb.edu/documents/special-message-the-congress-protecting-the-consumer-interest.
  17.   Ralph Nader, Unsafe at Any Speed: The Designed-in Dangers of the American Automobile (Grossman Publ’ns 1965).
  18.  G. Buhler (trans.), Manu Smriti: The Laws of Manu, ch. 8, verses 403–406 (1886).
  19.   R. Shamasastry (trans.), Kautilya, Arthashastra, Book 4, ch. 2 (1915).
  20.   The Holy Quran, Surah Al-Mutaffifin 83:1–3.
  21.   Irfan Habib, Alauddin Khalji and Market Regulations 115–118 (People’s Publ’g House 1978).
  22.   The Indian Contract Act, § 1, No. 9, Acts of Parliament, 1872 (India); The Sale of Goods Act, § 4, No. 3, Acts of Parliament, 1930 (India).
  23.   Consumer Protection Act, § 2, No. 35, Acts of Parliament, 2019 (India). URL: (India Code 2019), https://indiacode.nic.in.
  24. Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd., (1995) 5 S.C.C. 139 (India).
  25.   Reliance Petrochemicals Ltd. v. Proprietors of Indian Express Newspapers, A.I.R. 1989 S.C. 190 (India).
  26.   Bandhua Mukti Morcha v. Union of India, A.I.R. 1984 S.C. 802 (India).
  27.  The Constitution (Forty-Second Amendment) Act, 1976 (India).
  28.  M.C. Mehta v. Union of India, (1987) 1 S.C.C. 395 (India).
  29.   Indian Medical Association v. V.P. Shantha, (1995) 6 S.C.C. 651 (India).
  30.   Laxmi Eng’g Works v. P.S.G. Indus. Inst., (1995) 3 S.C.C. 583 (India).
  31.   Lucknow Dev. Auth. v. M.K. Gupta, (1994) 1 S.C.C. 243 (India).
  32.  State of Karnataka v. Vishwabharathi House Building Coop. Society, (2003) 2 SCC 412.
  33.   Spring Meadows Hosp. v. Harjol Ahluwalia, (1998) 4 SCC 39.
  34.   Ministry of Consumer Affairs, Food & Public Distribution, Consumer
  35.  Ministry of Consumer Affairs, Food & Public Distribution, Consumer Protection in India: Awareness and Access (Govt. of India 2020), URL: https://consumeraffairs.nic.in/sites/default/files/CP_Report_2020.pdf.
  36.   Law Commission of India, Report No. 199, The Consumer Protection Act, 1986 – Reassessment and Amendments (2006). URL: https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081093-2.pdf
  37.   Avtar Singh, Law of Consumer Protection 7th ed. (Eastern Book Co. 2022).
  38.  Richa Chopra, Consumer Protection in E-Commerce: Emerging Challenges and Legislative Responses, 4(2) J. Consumer L. & Pol’y 93, 93–112 (2020).
  39.   World Health Organization, A Study on the Public Health and Socioeconomic Impact of Substandard and Falsified Medical Products (Apr. 6, 2020), URL: https://www.who.int/publications/i/item/9789241513432.
  40.   Department of Consumer Affairs, Annual Report 2022–2023, Ministry of Consumer Affairs, Government of India, URL: https://consumeraffairs.nic.in/sites/default/files/file-uploads/annualreports/1682683889_AR_2022-23.pdf.
  41.   Reserve Bank of India, Report on Working Group on Digital Lending Including Lending Through Online Platforms and Mobile Apps (2021), URL: https://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/DIGITALLENDINGF6A90CA76A9B4B3E84AA0EBD24B307F1.PDF
  42.  Department of Consumer Affairs, Govt of India, e-Daakhil Portal: https://edaakhil.nic.in.

[1] 98 M.K. Gandhi, Collected Works of Mahatma Gandhi 286 (Publications Division, Ministry of Information and Broadcasting, Govt. of India 1983).

[2] The Consumer Protection Act, 2019, § 2, No. 35, Acts of Parliament, 2019 (India). India Code (2019), URL: https://indiacode.nic.in.

[3] India Const. art. 14, art. 19(1)(g), art. 21.

[4] India Const. art. 38, art. 39, art. 47.

[5] M.C. Mehta v. Union of India, (1987) 1 S.C.C. 395 (India).

[6] John F. Kennedy, Special Message to Congress on Protecting the Consumer Interest, 1 PUB. PAPERS (Mar. 15, 1962), https://www.presidency.ucsb.edu/documents/special-message-the-congress-protecting-the-consumer-interest.

[7] Ralph Nader, Unsafe at Any Speed: The Designed-in Dangers of the American Automobile (Grossman Publ’ns 1965).

[8] G. Buhler (trans.), Manu Smriti: The Laws of Manu, ch. 8, verses 403–406 (1886).

[9] R. Shamasastry (trans.), Kautilya, Arthashastra, Book 4, ch. 2 (1915).

[10] The Holy Quran, Surah Al-Mutaffifin 83:1–3.

[11] Irfan Habib, Alauddin Khalji and Market Regulations 115–118 (People’s Publ’g House 1978).

[12] The Indian Contract Act, § 1, No. 9, Acts of Parliament, 1872 (India); The Sale of Goods Act, § 4, No. 3, Acts of Parliament, 1930 (India).

[13] Consumer Protection Act, § 2, No. 35, Acts of Parliament, 2019 (India). URL: (India Code 2019), https://indiacode.nic.in.

[14] Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd., (1995) 5 S.C.C. 139 (India).

[15] Reliance Petrochemicals Ltd. v. Proprietors of Indian Express Newspapers, A.I.R. 1989 S.C. 190 (India).

[16] Bandhua Mukti Morcha v. Union of India, A.I.R. 1984 S.C. 802 (India).

[17] The Constitution (Forty-Second Amendment) Act, 1976 (India).

[18] India Const. art. 38, cl. 1.

[19] India Const. art. 39, cls. (b), (c).

[20] India Const. art. 39, cl. (a).

[21] India Const. art. 47

[22] M.C. Mehta v. Union of India, (1987) 1 S.C.C. 395 (India).

[23] Indian Medical Association v. V.P. Shantha, (1995) 6 S.C.C. 651 (India).

[24] Laxmi Eng’g Works v. P.S.G. Indus. Inst., (1995) 3 S.C.C. 583 (India).

[25] Lucknow Dev. Auth. v. M.K. Gupta, (1994) 1 S.C.C. 243 (India).

[26] State of Karnataka v. Vishwabharathi House Building Coop. Society, (2003) 2 SCC 412.

[27] Spring Meadows Hosp. v. Harjol Ahluwalia, (1998) 4 SCC 39.

[28] Ministry of Consumer Affairs, Food & Public Distribution, Consumer Protection in India: Awareness and Access (Govt. of India 2020), URL: https://consumeraffairs.nic.in/sites/default/files/CP_Report_2020.pdf.

[29] Law Commission of India, Report No. 199, The Consumer Protection Act, 1986 – Reassessment and Amendments (2006). URL: https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081093-2.pdf

[30] Avtar Singh, Law of Consumer Protection 7th ed. (Eastern Book Co. 2022).

[31] Richa Chopra, Consumer Protection in E-Commerce: Emerging Challenges and Legislative Responses, 4(2) J. Consumer L. & Pol’y 93, 93–112 (2020).

[32] World Health Organization, A Study on the Public Health and Socioeconomic Impact of Substandard and Falsified Medical Products (Apr. 6, 2020), URL: https://www.who.int/publications/i/item/9789241513432.

[33] Department of Consumer Affairs, Annual Report 2022–2023, Ministry of Consumer Affairs, Government of India, URL: https://consumeraffairs.nic.in/sites/default/files/file-uploads/annualreports/1682683889_AR_2022-23.pdf.

[34] Reserve Bank of India, Report on Working Group on Digital Lending Including Lending Through Online Platforms and Mobile Apps (2021), URL: https://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/DIGITALLENDINGF6A90CA76A9B4B3E84AA0EBD24B307F1.PDF

[35] Department of Consumer Affairs, Govt of India, e-Daakhil Portal: https://edaakhil.nic.in.

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.

PDF 📄
Exit mobile version