This article was written by Diganth Raj Sehgal, Student, Faculty of Law, Christ University, Bangalore. The author of this article discussed the scope and scope of Article 12 of the Indian Constitution and its meaning. Teach the Constitution in your classroom with unbiased resources such as videos, lesson plans, podcasts, and more. Consult our educational resources, organized by article or amendment and by important constitutional issues. 5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal rights of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property. Before understanding what a local authority is, it is important to define the authorities. According to the Webster Dictionary; “Authority” means a person or entity exercising authority. In article 12, the word authority refers to the power to promulgate laws (or ordinances, ordinances, statutes, notifications, etc.) that have the force of law. It also includes the power to enforce these laws Most of the fundamental rights granted to citizens are claimed against the state and its instruments, rather than against private entities. Article 12 gives the term “State” a broad meaning.
It was very important to determine which organs fell within the definition of a State in order to determine to whom responsibility should be transferred. The drafters of the Constitution used the words “the State” in a broader sense than is understood in the ordinary or narrower sense. It is not just about the Member States of the Union. The word “contains” in the article shows that the definition is not exhaustive and, through judicial interpretations, the Court has extended the scope of the article far beyond what even the authors of article 12 might have had in mind when drafting the Constitution. Article 12 of the Constitution does not explicitly define “justice”. This gives judicial authorities the power to make decisions that may violate an individual`s fundamental rights. If it were included in the head of the “State”, then it would be according to the article by the obligation that the fundamental rights of citizens should not be violated. Accordingly, judgments given by the courts cannot be challenged on the ground that they infringe a person`s fundamental rights. On the other hand, it was found that orders issued by the courts in the course of their administrative function (including the Supreme Court) were regularly challenged as a violation of fundamental rights. In order to determine which “other authorities” fall within the competence of the State, the judiciary has issued several judgements based on the facts and circumstances of different cases.
In the case of Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1, a bank of 9 Supreme Court judges, has ruled that a court decision rendered by a competent judge in or in connection with a case submitted to it for decision cannot affect the fundamental rights of citizens, since the court`s decision purports to settle the controversy between the parties brought before the court and nothing more. Consequently, such a judicial decision cannot be challenged under Article 13. The need to determine what falls within the concept of a State is to cede to the party on whom the obligation to implement that right is imposed. In addition, the definition of state in Article 12 includes several words that may not have a specific meaning, words such as local authorities, government control, other authorities, etc., and as can be seen in the sections above, in the course of their decisions, the courts have described the scope of the article by establishing a test and discussing the meaning of the terms. However, at the time of the election of the President, the votes shall be cast by the States, the representation of each State having one vote; A quorum for this purpose shall consist of one or more members of two-thirds of the States, and a majority of all States shall be required for an election. And if the House of Representatives does not elect a president every time the right to vote is transferred to it, before the fourth of March next year, then the vice president acts as president, as in the event of the death or other constitutional obstruction of the president. the Senate elects the Vice-President from among the two largest numbers on the list; A quorum for this purpose shall consist of two-thirds of the total number of senators, and a majority of the total number shall be required for an election. But no person who is constitutionally eligible for the office of President is entitled to the office of Vice President of the United States.
“Local Authority” means a municipal committee, district council, commissioner`s body or any other authority legally empowered or entrusted by the Government with the control or administration of a municipal or local fund. L`s son treated his grandfather B as a “dad.” The court accepted the government`s argument that the law had the legitimate purpose of protecting the couple`s family and all children. But he found that his right to marry had been violated. The law was based primarily on tradition, and there was no legal reason why a couple could not have a relationship in this situation. There have also been several cases where couples have received exemptions from personal laws of parliament (laws in favour of individuals) in the same circumstances. This showed that objections to such marriages were not absolute. In the case of Madras University v. Shanta Bai, the Madras High Court developed the principle of “ejusdem generis”, i.e. of a similar nature.
This means that only those authorities that fall under the term “other authorities” that exercise state or sovereign functions. In addition, natural or legal persons, e.B universities without support, cannot be included. The answer to this question lies in the distinction between the judicial and extrajudicial functions of the courts. When courts perform their extrajudicial functions, they fall within the definition of “State”. If the courts exercised their judicial functions, they would not fall within the scope of the “State”. While the government may restrict the right to marry, all restrictions must not be arbitrary and must not interfere with the essential principle of the law. According to section 12, government control does not necessarily mean that the organization must be under the absolute direction of the government. It simply means that the government must have some form of control over the functioning of the body. Just because a company is a company governed by public law does not mean that it is a “state”. Statutory and non-statutory bodies can be considered a “state” if they receive government funding and the government exercises deep and pervasive control over them.
English law prevented a father-in-law from marrying his son-in-law unless both had reached the age of 21 and both spouses had died. 4. States Parties shall ensure that all measures relating to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuses in accordance with international human rights law. Those safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free from conflicts of interest and undue influence, are proportionate and appropriate to the person`s situation, apply as soon as possible and are subject to regular review by a competent judicial authority or authority, independent and impartial. Safeguards shall be proportionate to the extent to which such measures affect the rights and interests of the individual. .