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Chanderprabhu Jain College of Higher Studies & School of LawPlot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)

BALLB (H)(Fourth Semester)

Constitutional Law - IIPaper Id LLB-038204

Fundamental Rights - I

By: Mr. Ramesh Kumar AP (LAW)

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PART III OF THE

CONSTITUTION OF INDIA

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• Also known as Magna Carta of India

Magna Carta was the first written document relating to the

fundamental rights of citizens in England which was later on

consolidated into the Bill of Rights in 1689.

• ‘Fundamental’ because represent the basic values cherished by the

people and essential for attainment of his full potential

• FRs are limitations on the powers of the Govt.

• Negative obligations on the State

• Essential in a democracy

• Available against the State not against private individuals

FUNDAMENTAL RIGHTS

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To establish a government of law and not of man

To establish rule of law

To ensure security, equality and liberty to all

To provide certain standards of conduct

To ensure justice and fairplay

Protection of minorities from the oppression of majorities

Object of FRs

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Right to equality (Articles 14 to 18)

Right to freedom (Articles 19 to 22)

Right against exploitation (Articles 23-24)

Right to freedom of religion (Articles 25-28)

Cultural and educational rights (Articles 29-30)

Right to constitutional remedies (Articles 32-35)

Right to property Art.19(1)(f) abolished by 44th Amendment.

Classification of Fundamental Rts.

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‘State’ includes :

The Government and Parliament of India

i.e. Executive & Legislature of the Union

Government and legislature of States

All local or other authorities within the territory of India

All local and other authorities under the control of Govt. of India

Definition of State (Article 12)

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The actions of these bodies that violates FRs can be challenged

before the courts.

Out of these four categories, first two are executive and legislative

organs of the Union and State

‘Authority’ implies power or command i.e. power to make laws,

rules, bye-laws, notifications, etc. having the force of law and power

to enforce those laws

Local authorities i.e. municipalities, district boards, panchayats, etc.

Other authorities i.e. authorities of the like nature as mentioned

above (to be used in the same context)

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Electricity Board, Rajasthan v. Mohan Lal

(AIR 1967 SC 1857)

The expression ‘other authorities’ is wide enough to include all

authorities created by the Constitution or statute on whom powers are

conferred by law

Not necessary that the ‘authority’ should be engaged in performing

governmental or sovereign function.

Held that expression ‘other authorities’ will include Rajasthan State

Electricity Board

Leading case laws

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Sukhdev Singh v. Bhagat Ram (AIR 1975 SC 1331)Held :

Oil and Natural Gas Commission, LIC and Industrial Finance Corporation

are authorities within the meaning of Article 12 of the Constitution and are

therefore ‘State’.

• have power to make regulations under the statute for regulating conditions

of service of their employees

• the rules formed by these bodies have the force of law

• terms of contract are prescribed by the statute itself

• these regulations are binding on these bodies

Cont..

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• employees of statutory bodies have statutory status

• if the functions of the Corporation are of public importance and

closely related to governmental functions it should be treated as

agency or instrumentality of government and hence ‘State’

under Article 12

This was a restrictive interpretation of the expression ‘other

authorities’ because the authorities not created by the Constitution

or a statute could not be ‘State’ within the meaning of Article 12.

Cont..