Fundamental rights are primarily enforceable against the 'State' as defined in Article 12 of the Constitution. This definition has been interpreted by the Supreme Court to include the Central and State governments, Parliament and State Legislatures, local authorities (like municipal corporations), and other statutory or non-statutory authorities performing state-like functions or under government control (like government companies and statutory corporations). Courts, when acting judicially, are considered part of the judiciary and generally not included in the definition of 'State' against whom fundamental rights can be claimed in their judicial capacity. Fundamental rights are a check on the executive and legislative power. A court's administrative actions might be challengeable, but its judicial decisions are subject to appeal procedures, not direct challenge under fundamental rights as actions of the 'State'.
This amendment inserted Article 19(1)(c), which grants citizens the fundamental right "to form co-operative societies". While the definition of "State" under Article 12 in Part III is crucial for the applicability of fundamental rights to various entities (Government, Parliament, State Legislatures, local and other authorities), and courts have included certain types of companies etc., based on functional or control tests, the term "Cooperative society" itself was explicitly added into the text of Part III under the Right to Freedom. The other options (Company, Partnership, Trust) are not expressly mentioned by name anywhere in Part III. 32. No fundamental rights can be claimed against
Asked in UPSC Combined Section Officer 2021 22 · Topic: Fundamental Rights (Definition of 'State' (Article 12) and Laws Inconsistent with FRs (Article 13))
More Indian Polity and Governance questions
- For the purpose of Part III of the Constitution, which of the following are not State?
- The term 'State' under Article-12 of Indian Constitution is, for the purposes of application of which part ? and IV both
- Which of the following is not a Fundamental Right in India?
- The Right to Education belongs to which of the following categories?
- Why the rights are called Fundamental Rights because i. It is written in the Constitution. ii. It is democratic. iii. It is public welfare. iv. It is essential for personality development. v. Parliament can't make law against it.
- Which one of the following is not a Fundamental Right under the Constitution of India?
- Which of the following statement(s) is(are) incorrect with reference to the fundamental rights as enshrined in the Indian Constitution? All fundamental rights are available against the arbitrary action of the State only. Some of them are legally enforceable while others are not. Parliament can curtail or repeal them, but only through a constitutional amendment.
- Which of the following statements is correct regarding Right to property?