1. Some of the fundamental rights are available only to Indian citizens while some are available to the person whether citizens, foreigners, or legal persons like corporations or companies.
2. They are not absolute, but qualified. The state can impose reasonable restrictions on them. These restrictions are decided by the court whether they are reasonable or not.
3. They are available against the arbitrary action of the state.
4. Some of them are negative in nature or character, that is, they place limitations on the authority of the state.
5. They are justiciable in nature. Allowing the person to move the court for their enforcement, if and when they are violated.
6. They are defended and guaranteed by the supreme court. That is, the victim can directly reach the supreme court for his or her redressal, and the supreme court issues writs with appropriate needs according to the case.
7. They are not sacrosanct or permanent. The Parliament can curtail or replace them, but only by the Constitution Amendment Act, and not by an ordinary act.
8. They can be suspended during the National Emergency, except for the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when the emergency is declared on the ground of war or external aggression and not on the ground of ( internal emergency) armed rebellion.
9. Most of them are self-executory, i.e., directly enforceable, while a few can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by Parliament and not by the State Legislature.
Part 3 has 24 articles (from Article12 to 35) which were explained below:
Article 12: It defines the definition of a state. According to it, any executive and legislative organ of the Union government, executive and legislative organ of state government, and all local authorities, that is municipalities, panchayats, district boards, improvement trusts, etc. And other authorities, that is, statutory or non-statutory authorities like LIC, SAIL, etc. Other than these bodies even a private body or any agency working as an instrument of the state, is considered a State under this article.
Article 13: It declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. It expressly provides for the doctrine of judicial review. According to this article :
a. Permanent laws enacted by the Parliament or the state legislatures.
b. Temporary laws can be enacted by President or the state governors.
c. Statutory instruction in the nature of delegated legislation like orders, bye-laws, rules, regulations, or notifications.
d. Non-legislative sources of law, that is custom or usage, having the force of law. The not only law but any of the above can be challenged in court violating fundamental rights and hence, can be declared void. It explains that Constitution Amendments are not a law and hence cannot be challenged, but in kesavananda Bharti case(1973) Supreme Court held that the Amendment must not affect the basic structure of the Constitution and hence can be declared as void.
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