Question

Fundamental rights given under Part III of the Constitution are

• A. The rights against the state action
• B. The rights for state action
• C. The rights conferred upon the state
• D. None of these

Hint:

Think of Part III Fundamental Rights as a shield for the citizen and a stop sign for the government. They are inherently designed to protect individual liberties *against* overreaching or arbitrary actions by the State.

Answer 1

The Correct Option is A

Concept: Fundamental Rights are enshrined in Part III of the Constitution of India from Article 12 to Article 35. Inspired by the Bill of Rights in the US Constitution, these rights are designed to preserve individual liberty, human dignity, and democratic values, acting as a constitutional check against arbitrary executive or legislative overreach.

Step 1:
To understand the legal nature of Fundamental Rights, we must analyze Article 12, which defines the term "The State". According to this article, the State includes:

• The Government and Parliament of India (Executive and Legislative organs).

• The Government and Legislature of each of the States.

• All local authorities (Municipalities, Panchayats, District Boards).

• Other statutory or non-statutory authorities (LIC, ONGC, SAIL, etc.).

Step 2:
By structural design, the majority of Fundamental Rights operate as

limitations or negative obligations on the State. They explicitly forbid the State from encroaching upon the basic freedoms of citizens. For instance:

• Article 13 declares that any law passed by the legislature that is inconsistent with or in derogation of Fundamental Rights shall be deemed null and void.

• Article 14 commands that the State shall not deny to any person equality before the law.

• Article 21 mandates that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Step 3:
If any branch of government takes an arbitrary executive action or passes a piece of legislation that violates these guaranteed rights, individuals are empowered to directly approach the higher judiciary under Article 32 (Supreme Court) or Article 226 (High Courts) for the enforcement of these rights via constitutional writs. Thus, these rights serve primarily as a protective shield for individuals

against arbitrary state action.

Step 4:
Let's evaluate the alternative options to confirm why they are incorrect:

• The rights for state action: Fundamental Rights do not exist to facilitate or empower state interventions. (Positive instructions for state action are instead located under Part IV: Directive Principles of State Policy).

• The rights conferred upon the state: The State does not possess fundamental rights; it possesses sovereign powers and constitutional duties. These rights are conferred upon citizens and individuals to protect them *from* the state.
Therefore, option (A) is the correct constitutional interpretation.