Overview of State and Fundamental Rights in Indian Constitution

Introduction

• Fundamental Rights in India's Constitution are derived from universal natural rights.
• It is essential for the state not to transgress these rights to preserve their purpose.

Definition of the State under Article 12

• Article 12: Defines 'State' as:
  • Government and Parliament of India
  • Government and Legislature of each state
  • All local or other authorities under the control of the Government of India
• Ambiguity lies in the term "other authorities," which has been expanded through judicial interpretation.

Judicial Interpretation

• University of Madras vs. Shantai (1954): Applied the rule of ejusdem generis (same kind) to "other authorities."
• Ambai vs. State of Uttar Pradesh (1962): Rejected this rule for "other authorities."
• Development Through Cases:
  • Rajasthan State Electricity Board vs. Mohanlal and others expanded the scope to include statutory bodies.
  • Sukhdev Singh vs. Bhagatram: Introduced "instrumentalities of government."
  • R.D. Shetty vs. International Airport Authority of India: Laid tests for determining state instrumentalities.
• S. Prash vs. Union of India: Included non-statutory bodies as "other authorities."

Tests to Identify State Instrumentalities

• Entire share capital held by government
• Significant financial assistance from the state
• Monopoly status conferred or protected by state
• Deep and pervasive state control
• Public functions closely related to government functions

Article 13: Judicial Review and Fundamental Rights

Clause 1

• Pre-Constitutional Laws: Void to the extent of inconsistency with fundamental rights.
• Doctrine of Eclipse: Allows inconsistent laws to remain dormant but not void.

Clause 2

• Post-Constitutional Laws: Declared void ab initio if inconsistent.
• Doctrine of Severability: Invalid parts separable from valid ones. Determines if consistent parts can stand alone.

Clause 3 and 4

• Defines "law" to include various orders, rules, and regulations.
• Doctrine of Basic Structure: Ensures that constitutional amendments do not alter the core structure of the Constitution.

Development of Doctrine of Basic Structure

• Shankari Prasad Singh Deo vs. Union of India (1951): Amendments are not "laws" under Article 13.
• IC Golaknath vs. State of Punjab (1967): Overruled previous decisions, introduced doctrine of prospective overruling.
• Kesavananda Bharati vs. State of Kerala (1973): Introduced the doctrine of basic structure, balancing legislative and judicial powers.

Key Elements of Basic Structure

• Supremacy of the Constitution
• Republican and Democratic government
• Secular character, separation of powers, federal character
• Welfare state principles, unity and integrity, sovereignty, parliamentary democracy

Significant Cases and Amendments

• Indira Nehru Gandhi vs. Raj Narain (Election Case): Reinforced the basic structure doctrine.
• 42nd Amendment (1976): Attempted legislative overruling of judicial decisions, countered by Minerva Mills vs. Union of India (1980).

Conclusion

• The doctrine of basic structure is pivotal in maintaining the balance between legislative power and constitutional supremacy.
• Ensures protection of fundamental rights and upholds judicial review as part of the Constitution's core structure.