Rights, in a legal context, refer to entitlements granted to individuals or groups by
laws and regulations. These entitlements are designed to safeguard fundamental
aspects of human existence, ensuring dignity, freedom, and fair treatment. The
concept of rights is broad and encompasses a diverse range of principles, each
serving a specific purpose in upholding a just social order. In general, we can classify
rights into several heads, as given below:
1. Natural Rights
2. Private Rights
3. Public Rights
4. Fundamental Rights
Meaning of Fundamental Rights:
Before delving into the meaning of Fundamental Rights, it's crucial to understand the
separate meanings of the terms "Fundamental" and "Rights." In general, the term
"Fundamental" means "from which everything else develops," as per the Oxford
Dictionary. On the other hand, the term "Rights" refers to "a moral or legal claim to
have or get something or to behave in a particular way." In aggregate, Fundamental
Rights refer to the essential liberties and protections inherent to every individual by
virtue of their status as a human being. These rights are considered fundamental
because they are crucial to the existence, dignity, and well-being of individuals in a
society.
Fundamental Rights in the Indian Constitution:
Fundamental Rights in the Indian Constitution represent a cornerstone of the
country's legal framework, guaranteeing essential freedoms and protections to its
citizens. Enshrined in Part III (Articles 12 to 35) of the Constitution, these rights are
inspired by the principles of justice, liberty, equality, and fraternity.
Key Features:
1. Equality before the Law (Article 14): Ensures that all citizens are equal in the
eyes of the law, prohibiting discrimination on grounds of religion, race, caste,
sex, or place of birth.
2. Right to Freedom (Articles 19-22): Guarantees six freedoms, including
freedom of speech and expression, assembly, association, movement,
residence, and the right to practice any profession or occupation.
3. Right against Exploitation (Articles 23-24): Prohibits trafficking, forced labor,
and the employment of children in hazardous occupations, aiming to ensure
the dignity and well-being of individuals.
4. Right to Freedom of Religion (Articles 25-28): Upholds the freedom of
conscience and the right to profess, practice, and propagate any religion,
preventing religious discrimination.
5. Cultural and Educational Rights (Articles 29-30): Provides minorities with the
right to conserve their language, script, and culture, ensuring the right of
minorities to establish and administer educational institutions.
6. Right to Constitutional Remedies (Article 32): Allows citizens to move the
Supreme Court for the enforcement of their fundamental rights through writs
such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
The State (Article 12):
Article 12 of the Indian Constitution defines what we call the "State." In simpler
terms, when we talk about fundamental rights and protections in the Constitution, it's
crucial to understand who or what is responsible for ensuring these rights are
respected. Article 12 says that when we use the term "State" in the Constitution, it
includes the following entities:
1. The Government and Parliament of India
2. The Government and Legislature of any State in India
3. Local Authorities: This includes institutions like municipalities or panchayats.
4. Other Authorities: These are bodies or organizations established by the
government, and they could be at the national or state level
Government and Parliament of India
-The term State includes the Government of India i.e., Union executive and the
Parliament of India.
-This term stands to include a Department of Government or any institution under
the control of a Department of Government e.g. the Income Tax Department.
-The President while acting in his official capacity must be included in the term and
be regarded as State.
Government and Legislature of Each State
-The term State includes the Government of each State that is the State Executive
and legislature of each State that is the State legislatures.
-It includes Union Territories as well.
Local Within the Territory of India
-The expression local authorities are defined in Section 3(31) of the General Clause
Act, 1897 as local Authority shall mean a municipal committee, district board, body
of commissioner or other authority legally entitled to or entrusted by the
Government within the control or management of a municipal or local fund.
-The expression local authorities usually refer to authorities such as municipalities,
District Boards, Panchayats, mining settlement boards, etc. Anybody functioning
under the state; owned; controlled and managed by the State and carrying out a
public function is a local authority and comes within the definition of the state.
Other Authorities under the control of Indian Government
This is the most difficult task to consider the other authorities in India because the
term other authority is not given or defined in law or in our constitution so within
the time Courts through its judicial pronouncement interpreted as per the time and
circumstances.
We can classify the interpretation into three major parts as given below -
Restricted interpretation
‘Ejusdem generis’ is a Latin expression which means of the same kind. According to
the rule of ejusdem generis of the interpretation of statutes, when particular words
pertaining to a class, category or genus are followed by general words, they are
construed as limited to the things of the same kind as those specified.
In the Case of University of Madras v. Shanta Bai (1950), the Madras High Court
evolved the principle of ‘ejusdem generis’ i.e., of the like nature. It means that only
those authorities are covered under the expression ‘other authorities’ which perform
governmental or sovereign functions. Further, it cannot include persons, natural or
juristic, for example, Unaided universities.
Liberal Interpretation
In the case of Ujjam Bai v. State of U.P ., the contention of the Madras High Court
was rejected to hold that the rule of ejusdem generis cannot be resorted to while
interpreting the term other authorities since the preceding words, Government,
Parliament, Legislature, etc., do not have a common genus running through these
bodies so that they could be placed in a single category on a rational basis.
The Supreme Court held in the case of Electricity Board, Rajasthan v. Mohan Lal,
that the term ‘other authorities’ is wide enough to include all the authorities created
by the Constitution and on whom powers were conferred by law. The statutory
authority so coming under this purview need not be essentially engaged in
performing sovereign or government functions. In the instant case, the Rajasthan
Electricity Board would come under the ambit of the wide sense of the ‘other
authorities.’ Thus, the test for ascertaining if a body falls under the ‘other
authorities,’ the body should either be created by a statute, or it is under the control
of the government.
In a concurring judgement, Mathew J. preferred a broader test for ascertaining the
ambit of Article 12 of the Constitution and that if the bodies are of public
importance and are closely related to the functions disposed by the Government,
they should be treated as an instrumentality of the Government, and therefore be
considered as a State within the meaning of the Article.
Broader Interpretation
As suggested by Mathew J., Bhagwati J. attempted to enlist five tests to determine if a
body or agency is an instrumentality of the State in the case of Ramana Dayaram
Shetty v. The International Airport Authority of India.
In this case, the Supreme Court held that if a body is an agency or instrumentality of
government, it may be an authority within the meaning of Article 12, irrespective of
whether it is a statutory corporation, a government company or a registered society.
Therefore, the International Airport Authority of India, since created by an Act of
Parliament, is a State within the meaning of Article 12.
The following tests were determined by the Court to be used in an illustrative sense
to determine if a body or agency is an instrumentality of the government:
1.Financial resources of the State is the chief funding source of such body, i.e., the
entire share capital of the corporation is held by the government.
2.Existence of a deep and pervasive nature of State control.
3.The functions disposed by such body or agency are of public importance and very
closely related to government functions. That means, such functions should be
governmental in its essence.
4.A department of Government transferred to a corporation.
5.The status of the agency, whether monopoly, and is conferred so and protected by
the State.
