Topic 01 of 6 · Chapter 05 · Indian Polity
Introduction to Fundamental Rights — Articles 12 & 13
Definition of State (Article 12), laws inconsistent with Fundamental Rights (Article 13), and key concepts.
📋 In This Article
1. What are Fundamental Rights?
Fundamental Rights are the basic rights guaranteed to all citizens (and some to all persons) by the Constitution. They are contained in Part III (Articles 12–35) and are enforceable in courts.
💡 Source: Fundamental Rights were borrowed from the US Bill of Rights. They are called “fundamental” because they are essential for the all-round development of individuals and are protected by the Constitution itself.
⭐ Key Quote: Dr. B.R. Ambedkar called Part III of the Constitution the “most criticized part” but also the “most important part.” He called Article 32 (Right to Constitutional Remedies) the “heart and soul of the Constitution.”
2. Features of Fundamental Rights
- Some rights are available to citizens only (e.g., Article 15, 16, 19, 29, 30)
- Some rights are available to all persons including foreigners (e.g., Article 14, 20, 21, 22)
- They are justiciable — enforceable in courts
- They are not absolute — subject to reasonable restrictions
- They can be suspended during Emergency (except Articles 20 and 21)
- They can be amended by Parliament (Kesavananda Bharati case, 1973)
- They are negative obligations on the State — State shall not do certain things
- They are defended by courts — Supreme Court (Article 32) and High Courts (Article 226)
3. Article 12 — Definition of “State”
Article 12 defines what is meant by “State” for the purpose of Fundamental Rights. The State includes:
- The Government and Parliament of India (Central Government)
- The Government and Legislature of each State
- All local authorities (municipalities, panchayats, district boards)
- All other authorities within the territory of India or under the control of the Government of India
✅ “Other Authorities”: The Supreme Court has expanded the definition of “other authorities” to include statutory corporations (LIC, ONGC, etc.), government companies, and bodies that perform public functions. This is important because Fundamental Rights can be enforced against these bodies.
4. Article 13 — Laws Inconsistent with Fundamental Rights
Article 13 is the guardian of Fundamental Rights. It provides:
- All laws in force before the Constitution (pre-constitutional laws) that are inconsistent with Fundamental Rights are void to the extent of inconsistency
- The State shall not make any law that takes away or abridges Fundamental Rights
- Any law made in contravention of Fundamental Rights shall be void
📌 “Law” under Article 13 includes: Acts of Parliament and State Legislatures, Ordinances, Orders, Bye-laws, Rules, Regulations, Notifications, and Customs/Usages having the force of law. It does NOT include constitutional amendments (Kesavananda Bharati case).
⭐ Doctrine of Eclipse: Pre-constitutional laws inconsistent with FR are not dead — they are merely eclipsed. If the FR is amended to remove the inconsistency, the law revives. This is the Doctrine of Eclipse.
5. Six Fundamental Rights — Overview
| Right | Articles | Key Provisions |
|---|---|---|
| Right to Equality | 14–18 | Equality before law, no discrimination, equal opportunity, abolition of untouchability and titles |
| Right to Freedom | 19–22 | 6 freedoms under Art. 19, protection against arbitrary arrest (Art. 20–22) |
| Right Against Exploitation | 23–24 | Prohibition of traffic in human beings, forced labour, child labour |
| Right to Freedom of Religion | 25–28 | Freedom to profess, practice, propagate religion; no religious instruction in state schools |
| Cultural and Educational Rights | 29–30 | Protection of language/culture of minorities; right of minorities to establish educational institutions |
| Right to Constitutional Remedies | 32 | Right to approach Supreme Court for enforcement of FR; 5 writs |
6. Key Points for Exam
🔑 Must-Remember Facts
- Fundamental Rights in Part III (Articles 12–35)
- Borrowed from US Bill of Rights
- Originally 7 FR; Right to Property removed by 44th Amendment (1978)
- Now 6 Fundamental Rights
- Article 12 — Definition of State
- Article 13 — Laws inconsistent with FR are void
- FR are justiciable — enforceable in courts
- FR are not absolute — subject to reasonable restrictions
- FR can be suspended during Emergency (except Articles 20 and 21)
- Article 32 = “heart and soul of the Constitution” — Dr. Ambedkar
- Doctrine of Eclipse — pre-constitutional laws inconsistent with FR are eclipsed, not dead
- Some FR for citizens only; some for all persons including foreigners