Indian Polity: Fundamental Rights, State, and Amendment Doctrines (Key Concepts)

Key vocabulary terms and concise definitions from the lecture on fundamental rights, the State, amendments, and related doctrines in Indian polity.

Preamble

Introductory statement of the Constitution declaring India’s sovereign, socialist, secular, democratic republic; socialist and secular added by the 42nd Amendment (1976); not legally enforceable but guides interpretation.

Fundamental Rights

Part III rights (Articles 12–35) that protect basic liberties; negative obligations on the State; enforceable by the Supreme Court; six groups include equality, freedom, against exploitation, religion, culture/education, and remedies; not absolute—subject to reasonable restrictions.

Article 12 – The State

Defines the State to include Government of India, Parliament, State Governments, State Legislatures, Local Authorities, and ‘other authorities’ within/under control of the Government of India.

Other Authorities Test (Article 12)

Tests used to determine if an entity is a State: government funding/control, deep pervasive State control, performs governmental functions, public importance, and monopoly/status protected or conferred by the State.

Basic Structure Doctrine

Judicial doctrine that the Parliament’s power to amend the Constitution is not unlimited; certain features constitute the basic structure that cannot be destroyed or altered; established in Kesavananda Bharati v. Kerala.

Golaknath Case (1967)

Held that fundamental rights were beyond the amendatory powers of Parliament; later overturned by the basic structure doctrine.

Kesavananda Bharati v. State of Kerala (1973)

Establishes the basic structure doctrine: Parliament can amend the Constitution but cannot alter or destroy its essential features; amendments must not violate the basic structure.

Minerva Mills v. Union of India (1980)

Reaffirms the basic structure doctrine and upholds judicial review as a part of that structure, protecting judicial independence.

Article 368

Constitutional amendment provision; Parliament can amend the Constitution but not its basic structure; amendments require a special legislative procedure and presidential assent.

Article 13(1)

Pre-constitutional laws continue if consistent with fundamental rights; if inconsistent, they cannot continue beyond 26 January 1950; implies doctrine of severability for conflicting provisions.

Article 13(3)

Defines ‘law’ to include ordinances, rules, regulations, bylaws, customs, usages; excludes constitutional amendments from the list; used to limit how laws can modify fundamental rights.

Article 13(4)

Nothing in Article 13 shall apply to amendments made under Article 368; i.e., constitutional amendments are exempt from the constraints of Article 13.

Doctrine of Severability

If a law contains provisions that violate fundamental rights, the unconstitutional parts can be severed, leaving the rest of the law in force.

Right to Property (Article 300A)

Originally a fundamental right; removed by the 44th Amendment (1978); now a constitutional right (Article 300A) but not a fundamental right.

Statutory Rights

Rights created by Acts of Parliament (e.g., maternity leave, voting under Representation of the People Act 1951); not in the Constitution and can be altered by ordinary law.

Constitutional Rights

Rights provided in the Constitution; include Fundamental Rights (Part III) and other non‑fundamental constitutional rights (e.g., 300A); all Fundamental Rights are constitutional rights, but not all constitutional rights are Fundamental Rights.

Right to Life and Personal Liberty (Article 21)

Protection of life and personal liberty; subject to due process and reasonable restrictions as determined by law and jurisprudence.

Freedom of Speech and Expression (Article 19(1)(a))

Freedom to express ideas; subject to reasonable restrictions (Article 19(2)) for grounds like defamation, incitement, public order, etc.

Right to Constitutional Remedies (Article 32)

Right to approach the Supreme Court for enforcement of fundamental rights; acts as a legal remedy to protect Fundamental Rights.

Directive Principles of State Policy (Part IV)

Guiding principles for governance; non-justiciable but inform and direct State policy toward welfare and social justice.

Fundamental Duties (Part IVA)

Citizens’ duties to abide by the Constitution and promote national values; complements Fundamental Rights by emphasizing civic responsibility.

BCCI Case and State Status under Article 12

Private entities can be treated as “State” if government funds/controls or performs governmental functions; BCCI was held not to be a State under Article 12; monopoly alone does not make a private body a State.