FUDAMENTAL RIGHTS

 

                               FUDAMENTAL RIGHTS

                                            General

DEFINATION- In this part , unless the context otherwise requires, “the State includes the Government and parliament of India and the Government and the Legislature of each of the states  and all local or authorities within the territory of India or under the control of the government of India.

 

                                             NOTES

 

Assam small scale industries Development Corporation limited is a statuory body and so is a  ‘state’ within the meaning of Article 12 of constitution of India.[Assam small scale Industirie Development Corporation Limited Vs. J.D. Pharmaceuticals, AIR 2006. SC.131] BCCI is not financially or administratively dominated by the Government nor it under control of Government, therefore not a state;

    N.C.E.R.T is not a “state”  within the meaning of Article 12 of Constitution of India [ Chandra Mohan Khanna Vs. N.C.E.R.T., AIR1992 SC 76.]

A Government Company (Bharat Petrolium Corporation ) is a state within the meaning of Article 12 of Constitution of India. [Somprakash Vs.Union of India, AIR 1981 SC 212]

Co- operative socities is a local Authorities and so is a state within the meaning of Aricle 12 of Constitution of India.  [Dukhram Vs. Co-operative Agriculture association  AIR1961 M.P.289.]

 

 

Laws inconsistent with or in derogation of the fundamental rights

(a) All laws in force in the territory of India immediately before the commencement of this Constitution , in so far as they are inconsistent  with the perovision of this Part, sall, to the extent of the contravation, be void.

(b) The states shall not make any law which takes away or abridges the rights conferred by this Part and any law made in cotravation of this clause shall, to the extent of the contravention , be void.

(c) In this  Article, unless the context otherwise requires-

(1) “Law”  the includes any Ordiance ,order, bye-law , rule , regulation, notification ,custom or usage having in the territory  of  India the force of law.

(2) “laws  in force “ includes laws passed or made by a legislative or  other comptent authority in the territory of india before the commencement of this constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be them in operation either at all or in practicular areas.

(d) Nothing in this Article shall apply to any amedement of this Constitution made under article368.