FUNDAMENTAL RIGHTS (PART III; ART. 12-35)

- Fundamental Rights are enshrined in Part III (described as the Magna Carta of India) of the Constitution from Articles 12 to 35 ; derived inspiration from the Constitution of USA (i.e., Bill of Rights)

protect the liberties and freedoms of the people against the invasion by the State(operate as limitations on the tyranny of the executive and arbitrary laws of the legislature)

FEATURES OF FUNDAMENTAL RIGHTS

Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies
They are not absolute but qualified. The state can impose reasonable restrictions on them
All of them are available against the arbitrary action of the state. Some of them are also against the actions of private individuals.
Some of them are negative in character, that is, place limitations on the authority of the State
They are justiciable
They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act
They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression
Their application can be restricted while martial law is in force in any area

DEFINITION OF STATE

(even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12)

Article 12 has defined the term for the purposes of Part III
State includes- executive and legislative organs of the Union government; executive and legislative organs of state government; All local authorities, that is, municipalities, panchayats, district boards, improvement trusts; All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc

LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS

Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void (provides for the doctrine of judicial review)
Term ‘law’ in Article 13 : Permanent laws enacted by center and state; temporary ordinance by president; Statutory instruments of delegated legislation (executive legislation) like order;
The Supreme Court held in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.