Fundamental Rights - Basic Structure - Art 12 13

Introduction

This tutorial explores the fundamental rights enshrined in Articles 12 and 13 of the Indian Constitution, focusing on their basic structure. Understanding these articles is crucial for grasping how fundamental rights are protected and interpreted in India, making this guide relevant for law students, legal professionals, and anyone interested in constitutional law.

Step 1: Understanding Article 12

• Definition: Article 12 defines the term "State" for the purposes of Part III of the Constitution, which deals with fundamental rights.
• Entities Included:
  • Central Government
  • State Governments
  • Local Authorities (like municipalities)
  • Other authorities or bodies created under the Constitution or by any law.
• Practical Tip: Familiarize yourself with the types of entities that qualify as "State" under Article 12 to understand the scope of fundamental rights.

Step 2: Exploring Article 13

• Definition: Article 13 addresses laws that are inconsistent with fundamental rights and declares them void.
• Key Provisions:
  • Clause (1): Any law that is inconsistent with the fundamental rights shall be void.
  • Clause (2): The State shall not make any law that takes away or abridges the rights conferred by Part III.
• Practical Advice: Analyze landmark cases where Article 13 has been invoked to understand its application and implications in real-world scenarios.

Step 3: The Basic Structure Doctrine

• Explanation: The basic structure doctrine, established by the Supreme Court, posits that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.
• Key Features of Basic Structure:
  • Supremacy of the Constitution
  • Rule of Law
  • Separation of Powers
  • Fundamental Rights
• Common Pitfall: Misinterpretation of amendments as absolute changes to the Constitution; remember that the basic structure serves as a safeguard.

Step 4: Real-World Applications

• Judicial Review: Courts can review laws to ensure they adhere to fundamental rights.
• Public Interest Litigation: Citizens can approach the courts to enforce fundamental rights, emphasizing their importance in upholding democracy and justice.
• Practical Example: Review significant Supreme Court cases like Kesavananda Bharati vs. State of Kerala, where the basic structure doctrine was first articulated.

Conclusion

Understanding Articles 12 and 13, along with the basic structure doctrine, is essential for comprehending the framework of fundamental rights in India. These provisions ensure the protection of individual rights against arbitrary state action. For further study, consider exploring more case laws and their implications on fundamental rights, and stay updated on any amendments or judicial interpretations that may affect this area of law.