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Article 12 of The Constitution of India
About Part III
Part III of our constitution consists of a long list of fundamental rights, it starts right from article 12 to article 35. This chapter has been very well described as the Magna carta of India, for magna carta was not merely a document signed by King John but a symbol of assertion of individual rights. It reflects the awakening of the people in face of oppressive systems like monarchy and tells us that individuals when fortified with rights and freedoms can bring about a great change.
The purpose behind having our fundamental rights, rests in the need for having a just society i.e a nation ruled by law and not by a tyrant. Rule of one man only leads to eventual resentment amongst the citizenry as maker, executor and interpreter of law is the same man. Moreover, in case of a infringement of human rights of an individual by the abuse of state power, he will have no option but to suffer because there’s just no hope for relief in a tyranny. This is the rationale which led to Montesquieu developing the theory of separation of powers and the same is imbibed in our constitution by virtue of Article 50. So, lets delve deeper into the shield which protects us from abuse of powers by the state itself.
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The Concept of State and Article 12 of the Constitution of India
The law dictionary defines state as:-
A body politic, or society of men united together for the purpose of promoting their mutual safety and advantage, by the joint efforts of their combined strength. Individuals need constitutional protection from the acts of the state itself. Fundamental rights protection is available against the state only as ordinary laws are sufficient enough to protect infringement of rights by individuals.
With great powers comes a greater risk of abuse and in order to safeguard rights and freedom of individuals so that men in power do not trample upon them. However, in order to delve deeper into the concept it is firstly imperative to explore the definition of state.
