Page 23 - Constitution

70 Years of Indian

Constitution

Although, Fundamental Rights
Fundamental Right, but now it is no more a Fundamental
Right, but still the citizen of India has a statutory right of are important for dignified existence of
property. every citizen of India, but the Fundamental

Although, Fundamental Rights are important for dignified Rights are not absolute and are subject to
existence of every citizen of India, but the Fundamental reasonable restriction...
Rights are not absolute and are subject to reasonable
restriction. Reasonable restriction means that the State
For enforcement of Fundamental Rights of a citizen
can curtail the these rights provided the restriction has
of India, the High Courts exercise their powers under
reasonable nexus with the object sought to be achieved.
Article 226 of the Constitution of India. Except the writ
However, there should be minimum invasiveness by the
of Habeas Corpus or Quo Warranto, a writ under Article
authorities, and the restrictions should be imposed only
226 of the Constitution would lie against State, which has
when they are unavoidable. No one can be divested of his
been defined under Article 12 of the Constitution of India.
Fundamental Right because they are incapable of being
The definition of “State” had undergone various changes
taken away, and the reasonable restriction must pass the
during various meetings of Constituent Assembly. Article
test (i) that the restriction can be imposed only by or under
12 of Constitution, not only includes the Government,
the authority of law, (ii) it cannot be imposed by exercise
Parliament as well as State Legislature, but also includes
of executive power without any law to back it up and (iii)
Local Authorities and other Authorities. The “Other
it must have reasonable nexus with object sought to be
Authorities” mean any authority which has been created
achieved.
by law and have powers to make law, rules or regulations
Although Part III which provides for Fundamental Rights
which may include Instrumentalities of Government, which
is enforceable in the Courts, but Part IV, which speaks
are having independent status distinct from Government.
about the Directive Principles are not enforceable in the
The Corporations and societies created by State would
Courts and do not create any justiciable rights in favor
also fall within the definition of “Other Authorities”.
of individuals, but the Directive Principles can be looked
Similarly, any Public Authority exercising statutory powers
into for interpreting a Fundamental Right. Part IV-A which
would also be “Other Authorities”. Further, even a body,
speaks about Fundamental Duties. Part IV-A has been
discharging public duty or sovereign powers would also
added by the Constitution (42nd amendment) in accordance
be “Other Authority”. And an instrumentality or agency
with recommendations of Swaran Singh Committee. One
would also fall within the definition of “Other Authority”.
thing is important that although Fundamental Duties are
Similarly, a writ petition against a private person is not
not enforceable by a writ of the Court, but yet it provide an
maintainable except in the nature of Habeas Corpus or
important aid to interpretation of Constitutional and other
Quo Warranto. For example, If “State” encroaches upon
legal issues.

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