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  • Fundamental Rights

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    Ayushman Singh
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    The fundamental rights guaranteed by the Indian Constitution are available to corporate bodies as well as individual citizens, except where explicitly stated otherwise. A company can approach the Supreme Court to enforce its fundamental rights, and individual shareholders can enforce their own rights, but a shareholder cannot complain about an act that affects the company's rights unless their own individual rights are also infringed. This follows from the legal rule that a corporation has its own distinct legal personality, separate from its individual members, with its own rights and obligations. As such rights belong to different legal entities, one entity cannot enforce another's rights unless the law allows it.

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    fundamental rights

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    The fundamental rights guaranteed by the Indian Constitution are available to corporate bodies as well as individual citizens, except where explicitly stated otherwise. A company can approach the Supreme Court to enforce its fundamental rights, and individual shareholders can enforce their own rights, but a shareholder cannot complain about an act that affects the company's rights unless their own individual rights are also infringed. This follows from the legal rule that a corporation has its own distinct legal personality, separate from its individual members, with its own rights and obligations. As such rights belong to different legal entities, one entity cannot enforce another's rights unless the law allows it.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    11 views1 page

    Fundamental Rights

    Uploaded by

    Ayushman Singh
    The fundamental rights guaranteed by the Indian Constitution are available to corporate bodies as well as individual citizens, except where explicitly stated otherwise. A company can approach the Supreme Court to enforce its fundamental rights, and individual shareholders can enforce their own rights, but a shareholder cannot complain about an act that affects the company's rights unless their own individual rights are also infringed. This follows from the legal rule that a corporation has its own distinct legal personality, separate from its individual members, with its own rights and obligations. As such rights belong to different legal entities, one entity cannot enforce another's rights unless the law allows it.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    The fundamenta l rights guaranteed by the Constitution are available not merely to

    individua l citizens but to corporate bodies as well except where the language of the
    provision or the nature of the right compels the inference that they are applicable only to
    natural persons. An incorporated company, therefore, can come up to the Supreme Court
    for enforcement of its fundamental rights and so may the individual shareholders to enfo rce
    their own; but it would not be open to an individua l sha reholder to complain of an Act
    wh ich affects the fundamenta l rights of the Company except to the extent that it constitutes
    an infraction of his own rights as well. This follows logica lly from the rule of law that a
    corporation has a distinct lega l persona lity of its own with rights a nd capacities, duties and
    obligations separate from those of its individua l members.As the rights are different and
    inhere in different legal entities, it is not competent to one person to seek to enforce the
    rights of another except where the law permits him to do so.

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