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Part III, related to the Indian constitution, mainly emphasises fundamental rights. It mentions different kinds of rights which can be enjoyed by the citizen of India, like rights, law, religion, race, place of birth, and equal opportunity related to employment. Fundamental rights are those rights provided by the constitution of India as they are considered the most important for the development of an individual’s personality and for upholding the dignity of humans. Irrespective of caste, religion, race, or sex, all certain rights are given, and people are free to move to the high court and supreme court to get their basic rights.
Article 12: Definition
Let’s start with Article 12 definition. This part of the constitution mentions that every government, whether state or central, including state legislatures and parliaments, do come under the definition where it is said as a state. Apart from this, even certain local forms of authority, including other kinds of authorities, are also mentioned as the state. This mention the state is based on the following way.
Based on Article 12 definition, the state includes the parliament and the government of India.
It also comprises the legislature of all the states, its government, local authorities and other forms of authorities. These will be within the Indian territory and subject to being controlled by the Indian government.
State Government and Its Legislature
Based on this act, the legislature of the state, and the executive, will be part of the term state, including both of them. They are not beyond any act of the state and rule. This, in turn, will lead to the infringement of any rights related to an individual will be subjected to their protection.
Local Authorities
Authorities such as the municipality and boards associated with the district come under this. The bye-laws related to the municipal committee confirm that all the law’s definitions come under Article 12. It also challenges in case of any violation done against the fundamental right. The general clauses under act 1897 are given as a reference to the authorities. This will be relevant according to the analyses in a quick way.
Article 13: Laws Inconsistent With or in Derogation of the Fundamental Rights
Based on Article 13: Laws inconsistent with or in derogation of the fundamental rights, all the laws are subjected to be executed within the Indian territory as soon as the commencement of the Indian constitution. The state will not be allowed to make any law that shall take away the conferred tights under this particular clause.
Under this article, other than the context, they also require law which usually includes ordinances, bye-laws and orders, rules, notifications, regulations any kind of custom that in Indian territory comes under the force of this law.
Law that is in force shall include the laws which are passed or that are made by the authorities and the legislature of the Indian territory. None of the articles shall apply to any amendment related to the constitution, which is made under article 368, which is associated with the right to equality.
An important fundamental right is mentioned in Article 14: Equality before law. It says the rights that the Indian citizen shall enjoy. It ensures that every person enjoys the right before the law and provides protection for enforcing the rules. It is not just about the rights of the citizen of India but also related to the rights associated with the non-citizens.
The Meaning of Article 14: Equality before Law
The right to equality before the law ensures that no citizens are denied any rights before the law. The person who lives within the Indian territory is given equal rights mainly, which is before the law means that all are equal in the eye of the law without any discrimination. None of the Indian citizens shall be discriminated against based on birthplace, race, sex, religion, or caste. Everyone needs to be treated equally without discrimination, whether based on higher or lower classes.
- Based on this article, none of the Indian citizens will be denied access to the shop, public-based restaurants, and public entertainment
- No one shall deny using the wells, tanks, roads, and public places maintained by the state funds or even dedicated to being used by the public
- The article prevents the Indian state from making any special provision in favour of a particular society or making the provision that can hinder the backward classes
- Any unequal treatment shall be considered to violate the main structure related to the Indian constitution
- There is no excessive reservation for the backward classes and the ST and SC other than the mentioned percentage of reservation
- The article shall prohibit any such law the state would make to prevent the provision meant for children and women
- No discrimination will be done based on the disability of any individual
Conclusion
Fundamental rights are incorporated in formation as they were deemed necessary for the growth of every person’s individuality and to protect a person’s self-esteem and reverence. The majority of these rights are actionable against the sovereign through their wording. Still, some can be implemented against both the government and a private citizen, as per Article 14: Equality before the law, and each individual should understand it.
