Identifying Persons of Incidence under Part III of the Indian Constitution
Fundamental Rights constitute a basic guarantee of dignified life. The respect for these rights has been deeply embedded in the structure of our Constitution – in the Preamble, in a distinct Part III dealing with fundamental rights and also through the Directive Principles of State Policy. The guarantee of fundamental rights has been concretised by the Constitution by incorporating Article 32 which not only makes them enforceable but also guarantees constitutional remedies for their enforcement as a distinct right. This paper shall discuss the persons of incidence of fundamental rights. It shall attempt to identify the persons upon whom the correlative duty of fundamental rights is cast; against whom the court may be moved for remedy. The paper has identified the persons of incidence of Part III by assessing the scheme of entrenchment of fundamental rights, the inclusive definition of State under Article 12 and through individual provisions of Part III.
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