𝑨𝒓𝒕𝒊𝒄𝒍𝒆𝒔 12 𝒂𝒏𝒅 13 (𝑷𝒂𝒓𝒕 𝑰𝑰𝑰 – 𝑭𝒖𝒏𝒅𝒂𝒎𝒆𝒏𝒕𝒂𝒍 𝑹𝒊𝒈𝒉𝒕𝒔)

 

The Fundamental Rights in Part III of the Indian Constitution begin with two very important provisions: Article 12 and Article 13. These Articles form the foundation for understanding how Fundamental Rights operate and against whom they can be enforced.

Article 12 defines the meaning of the term “State” for the purpose of Fundamental Rights. It includes the Government and Parliament of India, State Governments and Legislatures, local authorities, and other bodies that are under government control. This definition is significant because Fundamental Rights are primarily meant to protect individuals from actions of the State.

Article 13 strengthens Fundamental Rights by declaring that any law inconsistent with these rights is void to the extent of the violation. It also prohibits the State from making new laws that take away or restrict Fundamental Rights. This ensures that the Constitution remains supreme and courts can strike down unconstitutional laws.

Together, Articles 12 and 13 act as the gateway to Fundamental Rights. Article 12 clarifies who must respect these rights, while Article 13 ensures that no law can override them.

Disclaimer

This article is written for general educational and constitutional awareness purposes only. It does not constitute legal advice.

Comments

Post a Comment

Popular posts from this blog

Can Technology Replace Human Judges?

Image
In my opinion, technology cannot replace human judges in courts; it can only assist judges in providing judgments because law is not just a subject of rules and data but also of justice, equality, and fairness . Decisions require human morality, honesty, and qualities beyond what AI can provide. Judgments cannot be decided solely on past data, as law deals with human lives and values. In the contemporary world, AI has already begun speeding up tasks such as legal research , Managing case files , scheduling hearings and meetings , analyzing large documents , also works as a data analyst . Keeping in note that all of these are the supporting role which an AI provides  to the judge , to make their work easier and improve consistency.    The major problem with giving complete authority to an AI judge is that artificial intelligence is trained on past data, including previous judgments. If those judgments contain biases—such as social, class, or gender bias it is quite po...
Read more

Why Law Should Be Taught in Schools .

Image
  Why Law Should Be Taught in Schools ? .  In Contemporary schools, students are taught numerous subjects yet many schools still neglect  Law as an foundational subject to be taught in their school , although it is exist on the curriculum as a subject called Legal Studies  but many schools still not offers this subject .In my opinion Legal Studies should be taught as a foundational subject because it can help students to know about their rights , values  , which could help to prepare them as a responsible citizen .  Basic legal Knowledge can help students to know about their basic rights and duties . It helps to understand basic law which can help them to deal with police , government officials . legal awareness also reduces fear and confusion and provides protection from misuse of authority or exploitation .  Legal education empowers students by developing confidence, critical thinking, and responsible decision-making .  his awareness encourages...
Read more

Common Legal Myths That Most Indians Still Believe

Image
1. Police can arrest anyone at any time This is a myth. Arrests must follow legal procedure and must be justified by necessity. Police powers are regulated by law. 2. An FIR can be filed only at the local police station This is incorrect. A Zero FIR allows an FIR to be registered at any police station, regardless of jurisdiction. 3. Staying silent means you are guilty This is false. The Constitution protects the right against self-incrimination. Silence alone does not prove guilt. 4. Confession to police guarantees conviction This is a myth. Confessions made to police officers are generally not admissible as evidence in court. 5. Only lawyers can understand the law This is incorrect. Basic legal rights and duties are meant to be known and understood by all citizens. 6. Court cases always take decades This is a misconception. Fast-track courts, summary trials, and alternative dispute resolution mechanisms exist to speed up justice. 7. A case cannot be filed after delay This is false. Co...
Read more