✅

Rights

ORIGIN OF RIGHTS
In Ancient Times There was a “State Of Nature” wherein individuals have “Absolute Freedom”
living in short nasty and brutish life, which deprived human of following its Higher pursuits,
Therefore for With time Rational Beings made a society which togetherly devised ‘social
norms’ ,developed an implicit agreement, called “social contract” among the members of a
society to cooperate for mutual benefits, and entrusted STATE (governing authority) with task to
impose these norms which required individuals to sacrificing/surrendering some individual
freedom from absolute freedom, by adhering LAWS(portion of freedom that state claims over
individuals absolute freedom) made by STATE.

However - Slowly and gradually the POWERS CLAIMED BY STATE INCREASED leading to
‘concentration of power’ leading to ‘arbitrary & ambiguous misuse of power’ justified by rulers
being anoint as “representative of the god” called the DOCTRINE OF DEVINE POWERS”, there
followed the system of REX-LEX I.e King Is the Law .
This “CONCENTRATION OF POWERS” led to arbitrary and ambiguous use of power.

In this back drop a REVOLUTION was launched against KING JOHN resulting into a peace-treaty
called MAGNA CARTA LIBERTATUM at Runnymede, Windsor in 1215 - established a principle that
“Everyone Is Equal Before Law, Even The King and Guarantees The Rights Of Individual”

Rights are the Claims of individuals against the State / other individuals
1st Time —> Recognised Claims Of Citizens Against The State (RIGHTS) with hitherto Claims
of state against the citizens (LAWS)
Basic & Conditional Rights - varying on King & Limited Franchise
BIG BANG of LEX REX - “Law is KING of KiNGS; everyone is equal before law not only
citizens even kings.
4 JULY 1776 - 1st Written Constitution Of World - USA Constitution was marked as “Remarkable
But DEEPLY FLAWED” by Thomas Jefferson as “it only tells the govt what it can do , it doesn’t
tell what it can’t do” therefore inspired by Jefferson, James Madison Drafted - The BILL OF
RIGHTS which were the first 10 Constitutional Amendments referred as “Fundamental
Rights”.
F.R were not originally present in Constitution of the USA
D.O.S From Rights = FR are claims of Individuals ONLY against the state.
Are Guaranteed By Constitution
“Fundamental” = Emerge from Constitution WHICH is the fundamental law of the land
GUARANTOR: Directly Enforced By The Courts.
To Ensure Human Existence

India Has In Its Original Constitution in Part-3 from Article-12 to 35

The drafting of the Fundamental Rights was influenced by the adoption of the Universal
Declaration ofHuman Rights (UDHR) by the UNGAINLY and the activities of UNHRC as well as the
decisions of the U.S Supreme Court in interpreting the Bill of Rights in the American Constitution.

Article: 12 | Define “STATE”

Article: 13 | Define LAW
Article: 14-18 | RIGHTS OF EQUALITY
Article: 19-22 | RIGHT TO FREEDOM
(Article: 20, 21, 22 - Right To Protection)
Article: 23-24 | RIGHTS AGAINST EXPLOITATION
Article: 25, 26, 27, 28 | RIGHTS OF RELIGIOUS FREEDOM
Article: 29, 30 | CULTURAL & EDUCATIONAL RIGHTS
Article: 31 | Compulsory Acquisition Of Property
Article: 32 | Right to Constitutional Remedies
Article: 33, 34, 35 | Exceptions To Fundamental Rights

fundamental rights are the rights which are guaranteed by the Constitution given to the
individual and enforceable against the state for ensuring human existence.

As per ARTICLE-12 the word STATE includes PARLIAMENT OF INDIA, GOVERNMENT OF

INDIA, LEGISLATURE OF STATES, GOVERNMENT OF THE STATES, ANY OTHER or LOCAL
AUTHORITY WITHIN THE TERRITORY OF INDIA OR UNDER THE CONTROL OF GOVT OF INDIA.

Is Judiciary Part of “State” Under Article-12?

– Principles of Natural Justice = set of principles which we have developed over centuries
which is going to create “logical & fair discharge of justice”
1. In A Legal Dispute Bw 2 Parties it must be decided by a 3rd party which uninterested &
unbiased. (no one should be made a judge in their cause = NEMO JUDEX CAUSA SUA)

But if we include Judiciary a part of state it will be violation of principles of natural justice, hence
judiciary is not part of state while performing judicial functions however while performing non-
judicial or administrative/ quasi judicial functions it will be part of state.

Case:
 Article-13;
Gives Negative Definition Of Law I.e tells - “What Is Not Law”

Any ORDER any ACTION any LEGISLATION which VIOLATES/ABRIDGES or CONTRAVENES

anything in PART-3 of this Constitution is NOT LAW.
If passed it shall BE declared ULTRA VIRES the constitution and will be struck down by the SC/
HC.
The Word “Law” includes any Ordinance, Order, Bye Law, Rules, Regulations, Notification,
Custom or Usages having in the territory of India the force of law.

~ A-13 describes the MEANS FOR JUDICIAL REVIEW or Provides for the Doctrine of Judicial
Review (Implied Power Of Judicial Review)
– Judicial Review is inspired by Constitution of USA however nor its USA Constitution that
explicitly provides for but it was established in landmark case of Marbury vs Madison Case
1803, in which SC held that “Its the power of judiciary to check whether Executive and
Legislative are working according to the constitution or not or to strike down laws that it
found to be unconstitutional.

What Is Judicial Review ?

Judicial review is the power of the courts to invalidate laws, regulations, and other government
actions that they find to be unconstitutional. It is one of the most important powers of the
judiciary, and it helps to ensure that the government does not exceed its authority.
– It helps to ensure that the government does not exceed its authority.
– It protects the rights of the people from government overreach.
– It helps to ensure that the government is accountable to the people.

~ This power has been conferred to both (Concurrent Jurisdiction) on the Supreme Court (Article
32) and the High courts (Article 226 as held in CHANDRA KUMAR v UOI, 1997) that can declare a
law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.

Article-14

“The State Shall NOT DENY To Any Person Equality Before Laws & Equal Protection Of Laws
Within The Territory Of India”

– F.R: 15, 16, 18(2)), 19, 29 & 30: Available Only To Citizens
– NO F.R available to Enemy Aliens that is Citizens of that country which at War with India
now.

Article 14 has 2 Concepts =

 1. EQUALITY BEFORE LAW –> it is from English School Of Law, which means all persons are
equal before the law and there is “No Discrimination in the eyes of law on the basis of
race, religion, caste, sex or any other ground”, Abolition of Any Special Provileges

Article 19 (1) (a) - FREEDOM OF SPEECH & EXPRESSION

A: 19(1)(b) - Freedom Of Assembly
A: 19(1)(c) - Freedom of Association
A: 19(1)(d) - Freedom of Movement
A: 19(1)(e) - Freedom of Residence
A: 19(1)(f) - *(has been repealed by 44 CAA1978)
A: 19(1)(g) - Freedom Of Profession

Article 21: No PERSON shall be deprived of his LIFE & PERSONAL LIBERTY except according to
the by the PROCEDURE ESTABLISHED BY LAW.

Person A —> ALLEDGED To Have Committed Murder by Person B -> Police -> Information
resulting into lodged F.I.R
Now Police Would Carry Out INVESTIGATION & MAY need to arrest the Accused.
Person A - > has RIGHT TO BE INFORMED OF THE GROUNDS OF ARREST. U/S-50 Cr.P.C
Police Must Present The Accused within 24hr from the time of arrest EXCLUDING travel time, to
the nearest Magistrate.

Do’s:
– should inform Accused arrest near & dear one
– Inform Person A has RIGHT TO HAVE A LAWYER
– IF Bailable Offence must inform his right to have bail under form 45.

Don’t:
– shouldn’t use force / coercion / bribe

This is THE PROCEDURE ESTABLISHED BY LAW as also under Article - 22

In Magistrate Court:

Police Informs Magistrate Presentation of Accused as per FIR.

A -> May have his Defense Council or STATE SHALL PROVIDE a free lawyer as per “Principles of
Natural Justice” - AUDI ALTERAM PARTEM (hear the other party)

18004197355