CERTIFICATE COURSE ON ENFORCEMENT OF

FUNDAMENTAL RIGHTS

ASSIGNMENT
Name: - RAKESH KUMAR BAROI

Email ID:- rakeshlumarbaoi1998@gmail.com

Contact no. – 7063958592

Enforcement of Fundamental Rights (ASSIGNMENT)

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 ONE WORD/ONE LINER QUESTIONS

2 Marks Each

1. Right to Property is a right under which Article?

Answer 1 :- Under article, 300A, titled "Right to Property," was added to the Indian
Constitution by the 44th Amendment Act of 1978.

2. How many Writs can the Supreme Court enforce under Article 32?

Answer 2:- Supreme Court can enforce five writs under Article 32 of the constitution of India
namely Prohibition, Quo-Warranto, Habeas Corpus, Mandamus, and Certiorari are among
examples.

3. Which three Articles are known as the Golden Triangle?

Answer 3:- The 'golden triangle' of the Indian Constitution is commonly referred to as Article
14, Article 19, and Article 21.

4. Which Fundamental Rights are available to all and not only citizens?

Answer 4:- Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 provide that all people,
whether citizens or noncitizens, have access to these fundamental rights.

5. What are the exceptions to Article 19?

Answer 5:- Article 19 exception are like interests of the integrity, security, and sovereignty
of the country, friendly relations with foreign nations, for public order, with respect to
defamation, morality, incitement to offense or contempt of court.

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 SUBJECTIVE ANSWER [Within 200 Words]
5 Marks Each

1. Are Fundamental Rights enforceable against private citizens or corporations? If yes,

why, and if not why?

Answer 1:- Fundamental Rights can be enforceable against private citizens or corporations in
case of Article 19 pertains to freedom of speech rights while Article 21 has to do with life and
liberty under the process of law by the new judgment of the supreme court of India. But Other
fundamental rights are only enforceable against the State. So Yes, fundamental rights can be
enforced, if it is performing a public function. This was a need of the time because the state
being the welfare one, performed its several functions through private agencies. So, if
fundamental rights are not enforced against them, they will become meaningless.

2. Can a District Court enforce a Fundamental Right? Give reasons for your answer.

Answer 2: - NO, because the Constitution empowers the supreme court and high court with the
duty to safeguard the fundamental rights of the citizen the supreme court under Article 32 and
the high court under Article 226 of the Constitution can issue writs for the protection of
fundamental rights. Any person whose fundamental rights are violated can approach either of
the courts. Although the constitution also empowers the parliament to extend this power
Supreme Court and high court to any other court or tribunal by making law in this regard.

3. Is Right to Privacy a Fundamental Right? Substantiate.

Answer 3:- YES, the right to privacy is a fundamental right. which can be derived from
article14, 19, and 21 of the Indian Constitution. The right to privacy is not just a common law
right, not just a legal right, not just a fundamental right under the constitution of India. it is a
natural right inherent in every individual. This, in sum, is the law laid down by 9 judge bench
of the supreme court of India in k. puttuswamy v. Union of India in 2017, this finding of the
supreme court has not come out of the blue. It is the inevitable conclusion of steady
developments in the law in the last three decades where courts across the country, not just the

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apex court have said that the right to privacy, to choose to be free of unwanted intrusion, and
determine what happens to their information, is a fundamental right under article 21 of the
constitution

4. Can you file a Writ petition on behalf of someone else?

Answer 4:-YES, I can file a writ petition like habeas corpus most of the time filed by the next
friend or relatives of the detained. And courts have already relaxed the locus standi to file PIL.
Wherever you see gross injustice or violation of rights you can file a petition declaring that you
are writing on behalf of another person if it is appropriate, such as in a letter to the court if it is
a letter going out under the other person’s name you don’t have to state that she didn’t write
itself in the case of physical injury or language problems indicates the reason

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 ANALYTICAL QUESTIONS [Within 200 Words]
10 Marks Each

1. If you wanted to add a Fundamental Right to the Constitution, what would it be?

Answer 1:-If I get a chance to add one more fundamental right to the constitution of India then
I would like to add the “Right to employment” If the people of India could perform work
according to their eligibility then only they could earn a healthy livelihood and be in a sanitary
condition. Today there are many people in India who have many degrees but according to them,
they are not getting jobs that is why I would like to add this right as a fundamental right to
employment in which all people will get jobs according to their calibre or qualification.

2. Give your own suggestions as to how to make Enforcement of Fundamental Rights

easier and effective?

Answer 2 :- According to Articles 32 and 226 of the Indian Constitution, the Supreme Court
and the High Court, respectively, are given the authority to uphold people' basic rights in the
event that they have been violated or infringed upon through the use of Writs.However, given
the volume of cases and burdens on the Supreme Court and High Court, it continues to be
challenging for the Courts to offer prompt justice to the harmed party. As a result, I have a few
recommendations that I believe will make it simpler and more efficient to enforce fundamental
rights. The following suggestions are made:

1. The court must read Article 12 with a purpose, taking into account the particular facts and
circumstances of each case. The spirit of Article 12 must be enlarged by "progressive judicial
thinking," in order to encompass entities exercising state functions or charged with taking state
action.

2. A straight jacket formula will result in a miscarriage of justice when used to determine
whether these bodies are amenable to Article 12 sanctions. In situations where private entities
violate basic rights but are not covered by Article 12, the public functions test must be used.

3. The National Commission on the Review of the Working of the Constitution's

recommendation for the amendment to Article 12 of the Constitution shall be followed.

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According to the commission, private, non-state entities that carry out significant quasi-
governmental or important public responsibilities that have an impact on the community's
quality of life and welfare can be referred to be "states."

4. A logical approach to the current constitutional clauses will help to secure justice in the new
environment. For instance, the District Courts must be given the power to issue writs for the
enforcement of fundamental rights in accordance with Article 32(3) of the Constitution.
Additionally, this will lessen the load on the High Court and Supreme Court.

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