Fundamental Rights

Part III (Article 12 to Article 35)

 General Features of Fundamental Rights

• Inspired by Bill of Rights from USA.

• Also called Magna Carta of India.
• They are Justiciable in nature.
• They Provide the idea of Political Democracy/ Political
Justice (Remember the idea of Justice in Preamble).
• They operate as limitation upon the state or government.
• Why called fundamental rights?
 General Features of Fundamental Rights

• Earlier there were 7 fundamental rights, Now we have 6.

• Right to property was a fundamental right, but was
removed in 1978 by 44th Amendment Act.
• It was made a legal right under Article 300-A.
 General Features of Fundamental Rights

• Some of the Fundamental Rights are available only to

citizens... How many?
• They are not absolute, but Qualified:-
• All of them are available against state and some of them
are available against individuals as well.
• They are justiciable in nature.
• They are not Sacrosanct (Permanent).
• They can be suspended during emergency, but Two
Rights are not suspended. Article 20 and Article 21.
 General Features of Fundamental Rights

• They may be limited to members of Armed Forces, Paramilitary,

Police, Intelligence.
• Most of them are self-executory (do not need special laws to
come in action) but some can be enforced after enacting any
law.
 What is State?

• STATE: Government/Executive/Legislature/Or any agency acting on

their behalf.
1. Government and Parliament of Union.
2. Government and Legislature of States(Provinces).
3. All local authorities.
4. All other authorities acting on their behalf e.g. LIC etc.

Why are we studying state? :---

FR are a guarantee against arbitrary action of states.

 Doctrines

• Doctrines of Severability.
Law Inconsistent
Fundamental
made Part
by Parliament
Rights

• Doctrine of Eclipse.
Whole Acts

Inconsistent Part
 Article 13

• Any law made by parliament/ state legislatures/ other action of State

• If it is against (in contravention of) any fundamental rights,
• Shall be void to the extent of contravention.
• Here, law includes all main laws or ordinances, by-laws, rules and
regulations.
• Who has the power to decide: Supreme Court and High Courts: This is
called “Judicial Review”