Article 12 (Meaning, Scope and Emerging Judicial Trends)

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Description
Such a project carries especial relevance for India. Stretching analogies might reek of facetiousness, but the fact remains that in comparison to other legal systems, the Indian State casts a shadow not long singularly, even peculiarly shaped. Most constitutions today feature a chapter on constitutionally guaranteed rights (variously known as "Fundamental Rights", "Bill of Rights", "Inalienable Rights", and so forth). For the most part, these rights are secured against the State alone and not any private entities. Needless to say, such rights and their implications are intrinsic to the idea of statehood as enshrined in these Constitutions. The Indian Constitution takes this a step further. Apart from substantive constitutional guarantees as Fundamental Rights located in Part III, it also contemplates special procedures for their redress. Litigants may thus directly approach a High Court or even the Supreme Court in cases involving Fundamental Right violations, in contrast to ordinary civil or criminal cases which may drag on in lower courts for years. Moreover, procedural provisions and substantive Part III rights (particularly the right to life under Article 21) have emerged as sites of intense judicial activism. Much has been read into them and, it may be argued in manners that our constitutional drafters could scarcely have contemplated.
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Table of Contents
1. Introduction
2. Conceptualization Of State And Influence Of Other Constitutions
3. The Conceptualization Of “State” Vis-a-Vis Fundamental Rights
4. Changing Judicial Discourse On State Vis-a-Vis Fundamental Rights
5. Judiciary As State?
6. The Idea of State Vis-a-Vis Directive Principles Of State Policy
7. The Idea of State Vis-a-Vis Non-State Entities
8. The Idea of “State” In Other Parts Of The Constitution
9. Conclusion
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Author Details
Kumar Katikeya
Prof. (Dr.) Yogesh Pratap Singh Professor of Law & Registrar National Law University, Odisha
Foreword by : Prof. (Dr.) Faizan Mustafa Vice-Chancellor NALSAR University of Law, Hyderabad