Topic 01 of 6 · Chapter 05 · Indian Polity
Fundamental Rights — Introduction, Articles 12 & 13
What are Fundamental Rights, definition of State, laws inconsistent with FR are void, and the importance of FR in Indian democracy.
📋 In This Article
1. What Are Fundamental Rights?
Fundamental Rights are the basic rights guaranteed to every person by the Constitution of India. They are contained in Part III (Articles 12–35) of the Constitution and are enforceable by courts.
💡 Key Idea: Fundamental Rights are called “fundamental” because they are essential for the development of every individual and for the preservation of human dignity. They protect citizens from arbitrary actions of the State.
The concept of Fundamental Rights was borrowed from the Constitution of the United States of America (Bill of Rights). However, Indian Fundamental Rights are more detailed and comprehensive than the American Bill of Rights.
2. Characteristics of Fundamental Rights
- Justiciable: Enforceable by courts — a person can approach SC (Article 32) or HC (Article 226) if FR is violated
- Not absolute: Subject to reasonable restrictions in the interest of public order, morality, security of state, etc.
- Available against State: Primarily protect citizens from State action (not private individuals)
- Some available to all persons: Articles 14, 20, 21, 22, 25, 28 are available to all persons including foreigners
- Some only for citizens: Articles 15, 16, 19, 29, 30 are available only to Indian citizens
- Can be suspended during Emergency: Except Articles 20 and 21 (44th Amendment)
- Can be amended: Parliament can amend FR but cannot destroy basic structure
- Originally 7, now 6: Right to Property removed by 44th Amendment (1978)
3. Six Categories of Fundamental Rights
| Right | Articles | Available to |
|---|---|---|
| Right to Equality | 14–18 | All persons (Art. 14) / Citizens (Art. 15, 16) |
| Right to Freedom | 19–22 | Citizens (Art. 19) / All persons (Art. 20, 21, 22) |
| Right against Exploitation | 23–24 | All persons |
| Right to Freedom of Religion | 25–28 | All persons |
| Cultural and Educational Rights | 29–30 | Citizens / Minorities |
| Right to Constitutional Remedies | 32 | All persons |
⭐ Exam Fact: Article 31 (Right to Property) was the 7th Fundamental Right. It was removed by the 44th Amendment (1978) and made a legal right under Article 300A. Now there are only 6 Fundamental Rights.
4. Article 12 — Definition of State
Article 12 defines “State” for the purposes of Part III (Fundamental Rights). This is crucial because Fundamental Rights are primarily enforceable against the State.
According to Article 12, “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
✅ Remember: The Supreme Court has expanded the definition of “State” through judicial interpretation. In Ajay Hasia v. Khalid Mujib (1981), the SC held that a body substantially financed by the government or performing public functions can be considered “State” under Article 12.
📌 Note: Private individuals and private companies are generally NOT “State” under Article 12. However, if a private body is performing public functions or is under government control, it may be treated as State.
5. Article 13 — Laws Inconsistent with FR
Article 13 is the cornerstone of judicial review in India. It provides:
- Article 13(1): All laws in force before the commencement of the Constitution (pre-constitutional laws) that are inconsistent with FR shall be void to the extent of inconsistency
- Article 13(2): The State shall not make any law that takes away or abridges FR — such law shall be void to the extent of contravention
- Article 13(3): “Law” includes ordinances, orders, bye-laws, rules, regulations, notifications, customs, and usages
💡 Key Idea: Article 13 is the basis for judicial review of legislation in India. It empowers courts to strike down any law that violates Fundamental Rights. This is the constitutional basis for the Supreme Court’s power of judicial review.
Important points about Article 13:
- The doctrine of eclipse applies to pre-constitutional laws — they are not void but merely dormant; if the FR is amended to permit such law, the law revives
- The doctrine of severability applies — only the inconsistent part of a law is void, not the entire law
- In Shankari Prasad (1951) and Sajjan Singh (1965), the SC held that “law” in Article 13 does not include constitutional amendments
- In Golaknath (1967), the SC reversed this and held that constitutional amendments are also “law” under Article 13
- The 24th Amendment (1971) overruled Golaknath by adding Article 13(4) — constitutional amendments are not “law” under Article 13
6. Importance of Fundamental Rights
- They protect citizens from arbitrary State action
- They ensure rule of law — no one is above the law
- They promote equality and non-discrimination
- They protect individual liberty against State tyranny
- They are the foundation of Indian democracy
- They can be enforced through writs — Habeas Corpus, Mandamus, etc.
7. Key Points for Exam
🔑 Must-Remember Facts
- Fundamental Rights: Part III, Articles 12-35
- Borrowed from USA (Bill of Rights)
- Originally 7 FRs; now 6 (Right to Property removed by 44th Amendment)
- Article 12: Definition of State for FR purposes
- Article 13: Laws inconsistent with FR are void
- FR are justiciable — enforceable by courts
- FR available to all persons: Articles 14, 20, 21, 22, 25, 28
- FR available only to citizens: Articles 15, 16, 19, 29, 30
- Articles 20 and 21 cannot be suspended even during Emergency
- Doctrine of eclipse: Pre-constitutional laws are dormant, not void
- Doctrine of severability: Only inconsistent part is void