Fundamental Rights

Fundamental rights declare the fundamental values and constitute the fundamental principles of the constitution. These are foundation of the democratic way of life. These are basic human rights and impose negative function on the state or its instrumentality not to breach the individual liberty in its various dimensions.

The objective is to provide protection for the freedom and right against arbitrary takeover by the state. The fundamental rights are classified under six groups;

1. Right to equality

2. Right to freedom of speech, etc.

3. Right against exploitation

4. Right to freedom of religion

5. Cultural and educational rights

6. Right to constitutional remedies

12.Definition of State:

COMMENTS

Local authorities include improvement trust ,panchayats; etc. The definition is inclusive and includes other authority. The tests to decide ‘other authority’ as ‘state ‘are substantial financial and control by government, presentation of public function and consign of government activities .all these Are not essential and, in particular case, one or a combination of more than one of them may sastify.

Nationalized banks such as state Banks of India, Children Aid Society Delhi Transport Corporation were held state.

However, Board of control for cricket in India (BCCI) is not financially, functionally or administratively control by Government nor it is under the control of Government.

Therefore, it not a state.

Mere dealing in a subject by the State, or the monopoly of the State in a particular field would not supply an enterprise sovereign in nature and hence not a State.

13.Laws inconsistent with the fundamental rights:

(1)All laws in force in the territory of India immediately before the commencement of this constitution, insofar as they are inconsistent with the plan of this part, shall, to the extent of such inconsistency, be invalid.

(2) The State shall not make any law which takes away or abridge the rights communicate by this part and any law made in contravention of this clause shall, to the extent of the contravention, be null.

(3) In this Article, unless the context otherwise needs:

(a) ”law” includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

(b)”laws in force” involve laws passed or made by a Legislature or other adequate authority in the territory of India before the start of this constitution and not previously revoke, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular area.

(4)Nothing in this Article shall claim to any amendment of this constitution made under Article 368.

COMMENTS

The existing laws which invade fundamental rights conferred by part III of the constitution shall, to that extent be null. “There has to be clear constitutional violation and not just because of it’s falling into disuse or because the insight of society has changed regarding legitimacy of purpose and need of the law in question.

The ’doctrine of primary features of the constitution doesn’t apply to ordinary legislation. it imposes restriction on power of parliament to annul the constitution.

Right to Equality

14.Equality before law:

COMMENTS

The principle of equality is the nature of democracy Equality before law implies the absence of any discrimination without rational basis.

Equal protection of laws would mean” that among equals, the law should be equal and equally administrated and that likes should be treated same....”

It means the right to equal treatment in similar situation both in privileges conferred and in the liabilities imposed by the laws. it does not prohibit classification but it should not be arbitrary.

It should be sensible and be based on qualities and characteristics that have relation to the object of legislation. The reasonable classification must be found on an intelligible differentia which differentiate persons or things that are grouped together from those that are left out of the group. Even a law can be made for each single person. The reasonableness of a provision depends upon the circumstances obtaining at a particular time and the urgency of the evil sought to be controlled.

The guarantee of equal protection involves absence of any arbitrary discrimination by the laws themselves or in the matter of their administration, the decision-making process should be clear, fair and open and non-arbitrary. ” The idea of natural justice are to check the arbitrary exercise of power by the State or its functionaries”. Thus, inaction actions are also subjects to scrutiny by courts. Thus, test to examine permissible classification to be valid must fulfill two conditions:

The classification must be founded on an intelligible differentia, and the differentia must have a rational relation to the object sought to be achieved by the statue in question:

The classification build on geographical or special circumstances will be valid. if a classification is conducive to the functioning of modern society, it would be certainly reasonable and rational and not violation of Article14.’The creamy layer in Backward class is to be treated ‘on par’ with the forward classes and is not entitled to benefits of reservation.”

There has to be same pay for equal work. Land ceiling is not violation of Article 14 but land allotment by Government on consideration of caste, community or religion, favoritism or nepotism or on political consideration to nurture the vote bank is impermissible. Natural resources constitute public property/national asset and while distributing them, the State is bound to act in consonance with the principles of equality and public trust ,and ensure that no action is taken which may be detrimental to public interest. Thus, the permit of licenses for spectrum was held prima facie arbitrary, illegal and violative of Article 14 of the Constitution.

“Similarly, method of allocation of coal Blocks by the Government since 1993 to 2011 was held invalid as the allotments were made without application of mind, without assessment of comparative merit and without following guidelines”.

The Right to Equality embodies Rule of Law and is a basic feature of the Constitution.