Table of Contents
Who can claim the fundamental rights?
The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners. The Fundamental Rights guaranteed by Articles 15, 16, 19, 29, and 30 are available only to citizens of India.
Can a company claim fundamental rights?
Supreme Court of India held that a “COMPANY” is not a state and that’s why fundamental rights cannot be enforced against that company.
Who can claim right to equality?
“All citizens irrespective of birth, religion, sex, or race are equal before law ; that is to say, there Shall not be any arbitrary discrimination between one citizen or class of citizens and another.” “All citizens shall, as human persons he held equal before law.” “All inhabitants of the republic are assured equality …
Can fundamental rights be claimed against private individuals?
Introduction. In India, generally the fundamental rights are enforceable against the state whereas in few cases can be enforceable against the private individuals. The powers that are vested in the state are so much that if state decides to misuse them then it can do so to a very great extent.
Can fundamental rights be claimed against the judiciary?
But then, the five Judge decision of the Supreme Court in 2002 in Rupa Ashok Hurrahas held that “it is a settled position in law that no judicial order passed by any superior court in judicial proceedings can be said to violate any of the fundamental rights enshrined in Part III” of the Constitution and that “the …
Can a company claim fundamental rights India?
Juristic persons such as companies or corporations are not citizens within the meaning of Article 19. Union of India the Court said that the Fundamental Rights of the citizens are not lost when they associate to form a company.
Can a company claim to be a citizen?
Though a company is an artificial legal person, it is not a citizen under the citizenship legislation or constitution. A company cannot be treated as a citizen as the citizenship recognition is only available to natural biological persons and not to juristic persons.
Can government violate fundamental rights?
Can HC enforce fundamental rights?
The Constitution empowers citizens to move the top court for enforcement of Fundamental Rights under Article 32. A bench led by Chief Justice of India SA Bobde said that the court was trying to discourage Article 32 petitions from being filed in the top court in at least two cases which came up on Monday.