Constitution of India Day 13

 

Heartiest Congratulations to all for completing Part-I (THE UNION AND ITS TERRITORY: Article 1 to 4) and  Part - II (CITIZENSHIP : Articles 5 to 11) of the Constitution. Now, we shall cover Part - III (FUNDAMENTAL RIGHTS : Articles 12 to 35) of the Constitution.

This part of the Constitution is very important as it covers our Fundamental Rights. Absence of these rights shall render the constitution meaningless. The spirit of our democracy depends upon how these rights are protected.

These rights are enforceable by the law courts and we can directly approach the Supreme Court of India or the High Courts in case of any violation of these rights. Some of these rights are so important that their enforceability is not suspended even after the proclamation of a national emergency under Article 352.

Let’s look at them one by one.

Article 12 : Definition. 

The current article defines the meaning of State for the purpose of this part of the Constitution. It extends the meaning of "the State” from the general meaning which refers to a province. Here, the State includes all of the following :

1. The Government of India

2. The Parliament of India

3. The Government of States (Provinces)

4. The Legislatures of States (Provinces)

5. All local or other authorities within the territory of India or under the control of the Government of India.

Thus, it is clear from the above that here “the State” includes all forms of governments, legislatures and authorities.

It is important to note that some of our Fundamental Rights may be violated by “the State” as well as “private bodies” and some by only “the State”. Therefore, while going through each of these rights please make a note which right is enforceable against whom : “only against the State” or “the State and private bodies both”.

Here “private bodies” covers any private entity including individuals.

Hope you liked the information shared.

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PS : The above texts are ‘not the exact texts’ copied from the Constitution of India.They have been modified in simple language for the ease of understanding. Due consideration has been given to ensure that ‘the spirit and the meaning’, as contained in the Constitution, remains the same. Please refer to the Constitution of India for the original texts. Please feel free to point out any discrepancy that comes across you. We shall be happy to modify the same.