Fundamental Rights DutiesFundamental Rights Duties

Understanding the definition of 'State' and the doctrine of judicial review regarding pre-constitutional and post-constitutional laws.

• Definition of State (Article 12): Includes Government and Parliament of India, Government and Legislature of States, local authorities (municipalities, panchayats), and other statutory/non-statutory bodies (ONGC, LIC, SAIL) under state control.
• Laws Inconsistent with FRs (Article 13): Declares all laws that are inconsistent with or in derogation of Fundamental Rights to be void (Doctrine of Eclipse, Severability, and Waiver).
• Justiciability of FRs: Fundamental Rights are judicially enforceable under Article 32 (Supreme Court) and Article 226 (High Courts) against state action, not private individuals.
• Available Only to Citizens: Articles 15, 16, 19, 29, and 30 are available exclusively to Indian citizens and are denied to aliens/foreigners.

Detailed examination of the five prerogative writs issued by the Supreme Court and High Courts for the protection of rights.

• Habeas Corpus: Literal meaning 'To have the body of'. Issued to secure the release of a person detained unlawfully, against both public authorities and private individuals.
• Mandamus: Literal meaning 'We Command'. Issued to a public official, tribunal, or government to perform a public duty which they have refused or failed to perform.
• Prohibition: Literal meaning 'To forbid'. Issued by a higher court to a lower court or tribunal to prevent them from exceeding their jurisdiction or usurping jurisdiction.
• Certiorari: Literal meaning 'To be certified'. Issued by a higher court to a lower court or tribunal to quash an order already passed or transfer a pending case.
• Quo-Warranto: Literal meaning 'By what authority or warrant'. Issued to restrain a person from acting in a public office to which they are not legally entitled.

Articles 33-35, exceptions to Fundamental Rights, and the power of Parliament to amend Part III.

• Armed Forces & FRs (Article 33): Empowers Parliament to restrict or abrogate Fundamental Rights for members of armed forces, paramilitary forces, police, and intelligence agencies to ensure proper discharge of duties and discipline.
• Martial Law (Article 34): Provides for restriction on Fundamental Rights while martial law is in force in any area within the territory of India, and grants Parliament power to indemnify acts done during martial law.
• Right to Property (Article 31 & 300A): Originally a Fundamental Right under Article 31, it was deleted by the 44th Constitutional Amendment Act (1978) and made a constitutional/legal right under Article 300A in Part XII.
• Doctrine of Basic Structure: Formulated in Kesavananda Bharati case (1973), holding that Parliament can amend any part of the Constitution including Fundamental Rights under Article 368, provided it does not alter the basic structure.

Non-justiciable civic obligations incorporated into the Constitution for citizens, reflecting ancient Indian ethos and modern constitutional goals.

• Swaran Singh Committee (1976): Recommended the inclusion of Fundamental Duties during the internal emergency, leading to the enactment of the 42nd Constitutional Amendment Act, 1976.
• Original & Current Count: Initially 10 duties were added under Article 51A. An 11th duty pertaining to education for children aged 6-14 was added by the 86th Constitutional Amendment Act, 2002.
• Non-Justiciable Nature: Like Directive Principles, Fundamental Duties are non-justiciable; there is no direct legal sanction for their violation unless backed by specific parliamentary legislation (e.g., Prevention of Insults to National Honour Act).
• Verma Committee on Fundamental Duties: The J.S. Verma Committee (1999) identified existing legal provisions for the implementation of various fundamental duties, such as the Wildlife Protection Act and Environmental Protection Act.