Fundamental Rights - Basic Structure - Art 12 13

Summary

This video provides an in-depth analysis of the term 'State' under Article 12 of the Indian Constitution, highlighting its importance in protecting fundamental rights. It discusses the evolution of the term 'other authorities' and its impact on expanding state definition. The script also covers Article 13, focusing on judicial review of laws against fundamental rights, the doctrine of eclipse, severability, and the landmark doctrine of basic structure that safeguards the Constitution's core elements from legislative overreach.

Takeaways

• 🏛️ The term 'State' under Article 12 of the Constitution of India includes the government and Parliament of India, the government and legislature of each state, and all local or other authorities within the territory of India.
• 📚 Fundamental rights are based on human rights, which are embodiments of universal natural rights, and the state must not transgress these rights.
• 🚫 The state is prohibited from going beyond constitutional permissibility to transgress fundamental rights, as it would defeat their purpose.
• 📖 The scope of the term 'other authorities' has been expanded by the Supreme Court of India through various judgments, thereby widening the protection of fundamental rights.
• 🏛️ In the case of University of Madras vs. Santai, the court applied the rule of 'eiusdem generis' to interpret 'other authorities', but this was later rejected in Ambica vs. State of Uttar Pradesh.
• 📊 The court laid down tests in the case of Arieti to determine if an authority is an instrumentality of the state, considering factors like government control and public functions.
• 🏦 In S. Prash vs. Union of India, a company was for the first time considered an authority within the meaning of Article 12, based on the 'brooding presence of the state'.
• 📜 Article 13 of the Constitution of India is crucial for judicial review of laws that infringe upon fundamental rights.
• ⚖️ The doctrine of 'eclipse' was established in the case of Bikaji vs. State of Madhya Pradesh, which states that pre-constitutional laws that are inconsistent with fundamental rights are not completely void but continue to provide relief for rights accrued within their period of application.
• 📑 The doctrine of severability, established in RMDC vs. Union of India, helps determine whether an inconsistent part of a law is separable from the consistent part, affecting the law's validity.
• 🏛️ The basic structure doctrine, introduced in Kesavananda Bharati vs. State of Kerala, asserts that Parliament cannot alter the basic structure of the Constitution even through amendments.

Q & A

What does the term 'State' mean under Article 12 of the Constitution of India?

Under Article 12 of the Constitution of India, the term 'State' includes the government and Parliament of India, the government and legislature of each state, and all local or other authorities within the territory of India or under the control of the government of India.

What is the significance of the term 'other authorities' in Article 12?

The term 'other authorities' is significant as it determines the scope of entities that can be considered as the 'State'. The broader the interpretation, the more entities are included, thereby expanding the protection of fundamental rights.

How did the interpretation of 'other authorities' evolve over time?

Initially, 'other authorities' were interpreted to mean institutions similar to Parliament and legislatures with rule-making powers. This changed over time to include statutory bodies and eventually non-statutory bodies, with the Supreme Court laying down tests to determine if an entity is an instrumentality of the state.

What was the landmark case that expanded the definition of 'other authorities' to include a company?

The landmark case that expanded the definition of 'other authorities' to include a company was S. Prashant versus Union of India, where the court noted the determinant factor as the 'brooding presence of the state' behind the operations of the body.

What are the tests laid down by the Supreme Court to determine if a body is an instrumentality of the state?

The tests include whether the government holds the entire share capital, if the body is financially dependent on the state, if it enjoys a monopoly status conferred by the state, if there is deep and pervasive state control, or if it performs public functions closely related to those performed by the government.

What is the purpose of Article 13 of the Constitution of India?

Article 13 is a key provision that lays down the scope for judicial review of laws that infringe upon fundamental rights. It ensures that laws do not contravene the fundamental rights guaranteed by the Constitution.

What does Clause 1 of Article 13 imply for pre-constitutional laws?

Clause 1 of Article 13 declares that all pre-constitutional laws are void to the extent they are inconsistent with fundamental rights. This gave rise to the doctrine of eclipse, which states that inconsistent laws are not completely wiped out but continue to provide relief for rights accrued within their period of application.

How does the doctrine of severability relate to Article 13?

The doctrine of severability, established in the case of R.M.D.C. versus Union of India, helps determine whether an inconsistent part of a law can be separated from the consistent part. If the parts are separable and the remaining part can stand independently, only the inconsistent part is rendered void.

What is the doctrine of basic structure and how does it relate to Article 13?

The doctrine of basic structure, established in the case of Kesavananda Bharati versus State of Kerala, states that while Parliament can amend the Constitution, it cannot alter its basic structure. This doctrine is closely linked to the limitations imposed by Article 13 on legislative power.

What are some elements that constitute the basic structure of the Constitution of India?

Elements of the basic structure include the supremacy of the Constitution, democratic form of government, secular character, separation of powers, federal character, the mandate to build a welfare state, and the unity and integrity of the nation.