In today’s lecture we would like to delve into a crucial aspect of our Constitution that safeguards our fundamental rights and ensures the sanctity of our democracy – Article 12 and Article 13. These provisions define the term 'State' and establish the doctrine of judicial review, respectively.

Firstly, let's understand the significance of Article 12. The term 'State' appears repeatedly in the context of fundamental rights throughout our Constitution. To avoid ambiguity and provide clarity, Article 12 defines the term 'State' explicitly for the purposes of Part III, which deals with fundamental rights. According to Article 12, the 'State' includes:

The Government and Parliament of India, encompassing the executive and legislative organs of the Union government.

The Government and Legislature of states, including the executive and legislative organs of state governments.

All local authorities, such as municipalities, panchayats, district boards, improvement trusts, and more.

All other authorities, whether statutory or non-statutory, like LIC (Life Insurance Corporation), ONGC (Oil and Natural Gas Corporation), SAIL (Steel Authority of India Limited), and others.

In essence, the definition of 'State' is broad, encompassing all its agencies, both governmental and non-governmental. This wide interpretation ensures that actions taken by these agencies can be subject to judicial scrutiny if they violate fundamental rights.

What's particularly noteworthy is the principle established by the Supreme Court, which states that even a private entity or agency, when operating as an instrument of the State, falls within the purview of the term 'State' under Article 12. This interpretation underlines the importance of accountability and upholding fundamental rights, even in interactions involving private entities.

Now, let's turn our attention to Article 13, which is instrumental in upholding the integrity of our fundamental rights. Article 13 explicitly states that any law inconsistent with or derogatory to any of the fundamental rights shall be void. In simple terms, it enshrines the doctrine of judicial review, empowering the judiciary to scrutinize and strike down laws that infringe upon our fundamental rights.

This power is vested in both the Supreme Court (under Article 32) and the high courts (under Article 226). These constitutional provisions grant the judiciary the authority to declare a law unconstitutional and invalid if it contravenes any of the fundamental rights guaranteed in our Constitution.

The term 'law' in Article 13 is interpreted broadly, covering various types of legal instruments, including:

This expansive definition ensures that not only legislation but any legal instrument can be challenged in the courts if it violates a fundamental right, leading to its declaration as void.

It's important to note that Article 13 explicitly excludes constitutional amendments from its purview. However, a landmark decision by the Supreme Court in the Kesavananda Bharati case (1973) established that a constitutional amendment can be challenged if it violates a fundamental right that is considered a part of the 'basic structure' of the Constitution. This ruling ensures that even constitutional amendments can be subjected to judicial review when they threaten the core principles and fundamental rights enshrined in our Constitution.

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