Fundamental Rights :part 4
1. Right to Property (Articles 31, 31A, 31B, 31C)
Originally a Fundamental Right, abolished by 44th Amendment, 1978.
Now a legal right under Article 300A.
Provided protection against deprivation of property except by law.
Article 31 triggered multiple amendments (1st, 4th, 7th, 25th, 39th, 40th, 42nd).
Protects 5 categories of state laws from challenge under Articles 14 & 19:
Acquisition of estates by the state
Management takeover of properties by state
Amalgamation of corporations
Modification/extinguishment of rights of directors/shareholders
Modification/extinguishment of mining leases
Guarantees compensation for acquisition or requisition.
Protects all laws in the Ninth Schedule from challenge under Fundamental Rights.
Scope: Wider than 31A.
Limit: Supreme Court (I.R. Coelho, 2007) ruled Ninth Schedule laws violating basic structure or FRs are reviewable.
Article 31C (25th Amendment, 1971)
Protects laws implementing Directive Principles (Art. 39(b) & 39(c)) from challenge under Articles 14 & 19.
Declaration that law is for implementing these principles cannot be questioned.
2. Right to Constitutional Remedies (Article 32)
Core principle: Enforcement of Fundamental Rights is itself a Fundamental Right.
Supreme Court is empowered to issue directions, orders, and writs.
Other courts may be empowered by Parliament (not High Courts, see Art. 226).
Suspension: Only during national emergency (Article 359).
Only applies to Fundamental Rights, not other legal or statutory rights.
Declared part of the basic structure by the Supreme Court (cannot be abrogated).
3. Articles 33–35: Exceptions, Powers & Restrictions
Parliament can restrict/abrogate FRs for:
Armed forces, paramilitary, police, intelligence, analogous forces.
Ensures discipline and proper discharge of duties.
Laws under Article 33 cannot be challenged in court.
Restriction of FRs during martial law (military rule under extraordinary circumstances).
Parliament can indemnify government servants for acts during martial law.
Such acts cannot be challenged for violating FRs.
Specifies Parliament’s exclusive power to legislate on:
Residency conditions for certain employment
Courts issuing directions/orders/writs for FR enforcement
Restricting FRs for armed forces, police, etc.
Indemnifying acts during martial law
Punishment for untouchability, human trafficking, forced labour
Parliament can legislate even on matters in State List related to FR enforcement.
Conclusion
Fundamental Rights, despite exceptions & restrictions, are crucial for liberty, equality, and justice.
Protect minorities and weaker sections.
Ensure dignity, social justice, and the foundation of a secular democratic India.
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