Lupil Law Firm is a team of competent Lawyers deals with cases relating to fundamental rights. Constitution of India guarantees certain fundamental rights to its citizen which are enshrined in part-III from Article 12 to Article 35. The Committee on fundamental right was headed by Sardar Vallabh Bhai Patel. According to Nehru report, headed by Pandit Moti Lal Nehru, also contained provisions regarding fundamental rights which are accepted by Congress in its first session of 1929. These rights are called fundamental because they are superior to order in Law and are vital for the development of Human Personality, however they can be altered by constitutional amendment. The main object of the inclusion of fundamental rights in the constitution is to establish a rule of Law and not of Man. To strike balance between individual liberty and social control. Some restrictions have been imposed so that they are not absolute in nature. Some of these rights are available to all persons in the country which are reserved for citizens only. Few can get suspended during emergency. These rights are available against the state and not against private parties and one can consult with the competent Attorneys of Lupil Law Firm in this regard.

Article 12 defines State to include the government and parliament of India and the Govt. and the Legislature of each of the state and all local or other authorities within the territory of India or under the control of the Govt of India. The last category “Other Authorities” posed some problems. It has been held to include all authorities created by the constitution or statute, on whom powers are confirmed by Law i.e. Rajasthan Electricity Board, Life Insurance Corporation, Oil and Natural Gas Commissions, Co-operative Societies etc. In case of Raman D. Shetty Vs International Airport Authority, it was propounded that “Other Authorities” means instrumentality or agency of the Govt. But NCERT and Institution of Parliament Studies are held to be state. Article 13. Prohibits the state from making any Law taking away or abridging the rights in part-III. However, this restriction does not apply to a constitutional amendment. This article provides for Judicial Review of all legislation in India whether passed or present. Originally, there are 7 categories of fundamental rights in the constitution but in 1978 by 44th amendment right to property has been deleted. Now rights to property is only a constitutional right and not a fundamental right. Presently there are only 6 categories. These are :-

  1. Right to Equality (Art. 14-18)
  2. Right to Freedom (Art. 19-21A and 22)
  3. Right against Exploitation (Art. 23-24)
  4. Right to Freedom of religion (Art. 25-28)
  5. Right to Culture and Educational Rights (Art. 29-30)
  6. Right to Constitutional Remedies (Art.32)

Right to Equality in Article 14 provides that State shall not deny to any person equality before the Law or the equal protection of the Laws within the territories of India. Thus every person is assured equality before Law and equal protection of Law within the territory of India.  

By Anurag Rathod

Anurag Rathod, as a blogger he used to spread all about app-based business, startup solution, on-demand business tips and ideas and so on.

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