The inclusion of fundamental rights in the constitution is to preserve certain
rights of the individual, such as, Right to Life, liberty, freedom of speech,
freedom of faith and so on. The object of this inclusion was to secure those
rights against the action of the state and to establish 'a government of law and
not of man'. The declaration of this fundamental rights is a reminder to the
government to protect and respect these rights while acting in power.
In
Maneka
Gandhi V. Union of India 1978, Bhagwati, J., Observed: "These fundamental rights
represent the basic values cherished by the people of this country (India) since
the Vedic times and they are calculated to protect the dignity of the individual
and create conditions in which every human being can develop his personality to
the fullest extent. They weave a 'pattern of guarantee' on the basic structure
of human rights, and impose negative obligations on the state not to encroach on
individual liberty in its various dimensions"
Fundamental Rights:
Part III of the constitution contains a long list of fundamental rights.
The fundamental rights as incorporated in the Indian constitution can be
classified under the following six groups:
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right against Exploitation (Article 23-24)
- Right to Freedom of Religion (Article 25-28)
- Cultural and Educational Rights (Article 29-30)
- Right to Constitutional Remedies (Article 32-35)
Definition of State:
Article 12 defines the term 'state' as used in different Articles of Part III of the Constitution.
It says that unless the context otherwise requires, the term 'state' includes the following:
- The government and parliament of India, i.e., Executive and legislature of the union
- The government and the legislature of each state i.e., Executive and legislature of states
- All local and other authorities within the territory of India
- All local and other authorities under the control of the government of India
The term 'state' includes the legislative as well as executive bodies, thus any
action which is violative of fundamental rights by these bodies can be
challenged.
Fundamental rights guaranteed against state:
Fundamental rights are only available against the state and not against private
individuals. the constitutional protection guaranteed to the individual to
protect form the state actions. The rights which are given to the citizens by
way of fundamental rights as included in part III of the constitution are a
guarantee against state action as distinguished from violation of such rights
from private parties. Private action is sufficiently protected by the ordinary
law of land.
In
P.D. Shamdasani v. Central Bank of India 1952, The petitioner, in an
application under article 32 of the constitution, sought the protection of the
court on the ground that his property right under Article 19(1)(f) and 31 were
infringed by the action of another private person (The central bank of India).
The Supreme court dismissed the petition and held: "Neither Article 19(1) nor
Article 31(1) was intended to prevent wrongful individual's acts or to provide
protection against merely private conduct. The language and structure of Article
19 and its setting in Part III of the constitution clearly shows that the
article was intended to protect those freedoms against state action other than
in the legitimate exercise of its power to regulate private rights of property
by individuals is not within the purview of the articles". This is now settled
that the rights under article 19 guaranteed against the state.
However,
It should be notes, however, that there are certain rights included in Part III
which are available not only against the state but also against private
individuals, e.g., Art.15(2) [equality in regard to access to and use of places
of public resort]; Art. 17 [prohibition of untouchability]; Art. 18
(3)-(4)[prohibition of acceptance of foreign title]; Art. 23 [prohibition of
traffic in human beings]; Art.24 [prohibition of employment of children in
hazardous employment], but these provisions in Part III are not self-executory,
that is to say, these articles are not directly enforceable; they would be
indirectly enforceable only if some law is made to give effect to them, and such
law is violated.
Conclusion:
The fundamental rights are available to the individuals against state. the state
as defined under article 12, are bound to the fundamental rights. Any action,
which is violative to the fundamental rights, of the state can be challenged by
the individuals however any action violative to fundamental rights of
individuals can't be challenged under constitutional law as other remedies are
available for such violation in other laws. there is exception to this rule,
certain fundamental rights can be challenged, such as rights given under article
15,17,23,18 & 24.
Reference:
- Constitutional Law Of India - Dr. Pandey
- Introduction To The Constitution Of India - D.D. Basu
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