Fundamental Rights (Part III)

• Magna Carta of India: Part III of the Constitution (Articles 12-35) is rightly described as the 'Magna Carta' because it contains a long and comprehensive list of 'justiciable' Fundamental Rights.
• Negative vs. Positive Rights: Most FRs are 'negative' in nature as they place limitations on the authority of the State. However, some are 'positive' as they confer certain privileges on the persons (e.g., right to education).
• Individual vs. Social Interest: FRs aim at establishing a 'government of laws and not of men'. They represent a balance between individual liberty and social control.
• Shield Against Tyranny: These rights operate as a shield against the tyranny of the executive and arbitrary laws of the legislature, protecting the identity and dignity of the individual.

• The Writ Jurisdiction: Under Article 32, the Supreme Court serves as the 'Guarantor and Protector' of FRs. The 5 Writs are:
  1. Habeas Corpus: To produce a person detained illegally.
  2. Mandamus: To command a public official to perform their duty.
  3. Prohibition: To prevent lower courts from exceeding jurisdiction.
  4. Certiorari: To quash a lower court's order or transfer a case.
  5. Quo-Warranto: To challenge the legality of a person's claim to public office.
• Suspension during Emergencies: Unlike most rights, Articles 20 and 21 can NEVER be suspended, even during a National Emergency. Article 19 is automatically suspended during an emergency on grounds of war/external aggression, but not internal rebellion.
• Amendability: After the Kesavananda Bharati case (1973), it is settled that Parliament can amend any part of Part III, as long as it does not destroy the 'Basic Structure' of the Constitution.
• Procedure Established by Law vs. Due Process: Initially, Article 21 was interpreted narrowly (A.K. Gopalan case). However, since the Maneka Gandhi case (1978), the SC has interpreted it broadly to include 'due process', implying that the law must also be just, fair, and reasonable.

• 1950: A.K. Gopalan v. State of Madras: SC took a narrow view of Article 21, stating it only protected against arbitrary executive action.
• 1951: 1st Amendment Act: Introduced Article 31A and 31B to protect land reform laws from judicial review.
• 1967: Golaknath v. State of Punjab: SC ruled that Parliament could NOT amend Fundamental Rights.
• 1973: Kesavananda Bharati v. State of Kerala: Overruled Golaknath; created the 'Basic Structure Doctrine'.
• 1978: Maneka Gandhi v. Union of India: SC established that 'procedure established by law' must also be 'just, fair, and reasonable'.
• 1978: 44th Amendment Act: Abolished the 'Right to Property' as a Fundamental Right and made it a constitutional right under Article 300A.
• 2002: 86th Amendment Act: Introduced Article 21A (Right to Education).
• 2017: Justice K.S. Puttaswamy v. Union of India: SC declared that the 'Right to Privacy' is a Fundamental Right under Article 21.

High-Yield Pitfalls

1. Citizenship Filter: Only five Articles are available exclusively to Indian citizens: 15, 16, 19, 29, and 30. All other rights are available to everyone (citizens + foreigners).
2. State Definition (Art 12): Courts have included bodies like ONGC, LIC, and even private bodies funded by the govt under 'State'. However, the Judiciary (while performing judicial functions) is generally not considered 'State'.
3. Martial Law vs. Emergency: Article 34 (Martial Law) affects only FRs, while a National Emergency (Art 352) affects FRs, the distribution of powers, and the tenure of the legislature.
4. Article 31C: Introduced by the 25th Amendment, it gave precedence to DPSP (Art 39b & 39c) over Fundamental Rights (Art 14 & 19). Its validity was partially upheld in the Kesavananda case.