Part III of the Constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights. In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA. Originally, the Constitution provided for seven Fundamental Rights via,
- Right to equality (Articles 14-18)
- Right to freedom (Articles 19-22)
- Right against exploitation (Articles 23-24)
- Right to freedom of religion (Articles 25-28)
- Cultural and educational rights (Articles 29-30)
- Right to property (Article 31)
- Right to constitutional remedies (Article 32) However, the right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution. So at present, there are only six Fundamental Rights.
Article 12 (Definition Of State)
Article 12 of the Indian Constitution defines The State as:
- The Government and Parliament of India,
- The Government and legislatures of the states,
- All local authorities and
- Other authorities in India or under the control of the Government of India.
Article 13 (Laws Inconsistent With Fundamental Rights)
Article 13 of the Indian Constitution states that:
- All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
- The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
- In this article, unless the context otherwise required,
(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
(b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
- Nothing in this article shall apply to any amendment of this Constitution made under article 368.
- Further, Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged. However, the Supreme Court held in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.
Right to Equality (14-18)
Equality before Law and Equal Protection of Laws: Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This provision confers rights on all persons whether. The concept of "equality before law" is of British origin while the concept of equal protection of laws" has been taken from the American Constitution. The first concept connotes:
- the absence of any special privileges in favour of any person,
- the equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and
- No person (whether rich or poor, high or low, official or non-official) is above the law.
Rule of Law
The concept of 'equality before law' is an element of the concept of 'Rule of Law’, propounded by A.V. Dicey, the British jurist. His concept has the following three elements or aspects:
- Absence of arbitrary power, that is, no man can be punished except for a breach of law.
- Equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered.
Exceptions to Equality
The rule of equality before law is not absolute and there are constitutional and other exceptions to it. These are mentioned below: The President of India and the Governor of States enjoy the following immunities (Article 361):
- The President or the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office.
- No criminal proceedings shall be instituted or continued against the President or the Governor in any court during his term of office.
- No process for the arrest or imprisonment of the President or the Governor shall be issued from any court during his term of office.
- No Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee there of (Article 105).
Article 15 (Prohibition of Discrimination on Certain Grounds)
- Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. The two crucial words in this provision are discrimination' and only".
- The word discrimination" means To make an adverse distinction with regard to' or 'to distinguish unfavourably from others'. The use of the word "only' connotes that discrimination on other grounds is not prohibited.
- The state is permitted to make any special provision for women and children. For example, reservation of seats for women in local bodies or provision of free education for children.
Article 16 (Equality of Opportunity in Public Employment)
Article 16 provides equal employment opportunities in State service for all citizens.
- No citizen shall be discriminated against in matters of public employment or appointment on the grounds of race, religion, caste, sex, place of birth, descent or residence.
- Exceptions to this can be made for providing special provisions for the backward classes.
Article 17 (Abolition of Untouchability)
- In 1976, the Untouchability (Offences) Act, 1955 has been comprehensively amended and renamed as the Protection of Civil Rights Act, 1955 to enlarge the scope and make penal provisions more stringent.
- Under the Protection of Civil Rights Act (1955), the offences committed on the ground of untouchability are punishable either by imprisonment up to six months or by fine upto 500 or both.
Article 18 (Abolition of Titles)
Article 18 abolishes titles and makes four provisions in that regard:
- It prohibits the state from conferring any title (except a military or academic distinction) on anybody, whether a citizen or a foreigner.
- It prohibits a citizen of India from accepting any title from any foreign state.
- A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the president.
- No citizen or foreigner holding any office of profit or trust under the State is to accept any present, emolument, or office from or under any foreign State without the consent of the president.
- The article abolishes the titles that were awarded by the British Empire such as Rai Bahadur, Khan Bahadur, etc.
- Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military honours like Ashok Chakra, Param Vir Chakra do not belong to this category.
Right to Freedom (Articles 19 - 22)
Protection of Six Rights Article 19 guarantees to all citizens the six rights. These are:
- Right to freedom of speech and expression.
- Right to assemble peaceably and without arms.
- Right to form associations or unions or co-operative societies.
- Right to move freely throughout the territory of India.
- Right to reside and settle in any part of the territory of India.
- Right to practice any profession or to carry on any occupation, trade or business.
- Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978.
Freedom of Speech and Expression
It implies that every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner.
The Supreme Court held that the freedom of speech and expression includes the following:
- Right to propagate one's views as well as views of others.
- Freedom of the press.
- Freedom of commercial advertisements.
- Right against tapping of telephonic conversation, (e) Right to telecast, that is, government has no monopoly on electronic media.
- Right against bundh called by a political party or organisation.
- Right to know about government activities.
- Freedom of silence.
- Right against imposition of pre-censorship on a newspaper.
Freedom of Assembly
Every citizen has the right to assemble peaceably and without arms. It includes the right to hold public meetings, demonstrations and take out processions. This freedom can be exercised only on public land and the assembly must be peaceful and unarmed. This provision does not protect violent, disorderly, riotous assemblies, or one that causes breach of public peace or one that involves arms. The State can impose reasonable restrictions on the exercise of right of assembly on two grounds.
Freedom of Association
- All citizens have the right to form associations or unions or co-operative societies. It includes the right to form political parties, companies, partnership firms, societies, clubs, organisations, trade unions or any body of persons. It not only includes the right to start an association or union but also to continue with the association or union as such.
- Reasonable restrictions can be imposed on the exercise of this right by the State on the grounds of sovereignty and integrity of India, public order and morality.
Freedom of Movement
- This freedom entitles every citizen to move freely throughout the territory of the country. He can move freely from one state to another or from one place to another within a state. Thus, the purpose is to promote national feeling and not parochialism.
- The grounds of imposing reasonable restrictions on this freedom are two,namely, the interests of general public and the protection of interests of any scheduled tribe.
Freedom of Residence
- Every citizen has the right to reside and settle in any part of the territory of the country. This right has two parts:
(i) the right to reside in any part of the country, which means to stay at any place temporarily, and
(ii) the right to settle in any part of the country, which means to set up a home or domicile at any place permanently.
- The State can impose reasonable restrictions on the exercise of this right on two grounds, namely, the interest of general public and the protection of interests of any scheduled tribes.
Freedom of Profession
All citizens are given the right to practice any profession or to carry on any occupation, trade or business. This right is very wide as it covers all the means of earning one's livelihood. The State can impose reasonable restrictions on the exercise of this right in the interest of the general public.
Article 20 (Protection in Respect of Conviction for Offences)
Article 20 deals with the protection of citizens in respect of conviction for offences. This provides for three types of protection of the individual against the State.
- Retrospective criminal legislation: This is also known as ex-post facto criminal legislation. Under this, a person cannot be convicted for an act that was committed at a time when the act had not been declared by law as an offence.
- This means that criminal legislation cannot be given a retrospective effect.
- This immunity cannot be used against the provision of preventive detention, and also does not cover the trial.
- The law also provides that a person cannot be subject to a punishment greater than what is prescribed by law for the offence committed.
- Double jeopardy: This indicates that a person cannot be convicted for the same offence more than once.
- Prohibition against self-incrimination: This implies that no person accused of an offence shall be compelled by the State to bear witness against himself.
Article 21 (Protection of Life and Personal Liberty)
- This fundamental right is available to every person, citizens and foreigners alike.
- Article 21 provides two rights:
- Right to life
- Right to personal liberty
- The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees.
- The Supreme Court of India has described this right as the ‘heart of fundamental rights’.
- The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law. This implies that this right has been provided against the State only. State here includes not just the government, but also, government departments, local bodies, the Legislatures, etc.
- Any private individual encroaching on these rights of another individual does not amount to a violation of Article 21. The remedy for the victim, in this case, would be under Article 226 or under general law.
- The right to life is not just about the right to survive. It also entails being able to live a complete life of dignity and meaning.
- The chief goal of Article 21 is that when the right to life or liberty of a person is taken away by the State, it should only be according to the prescribed procedure of law.
Interpretation of Article 21
Judicial intervention has ensured that the scope of Article 21 is not narrow and restricted. It has been widening by several landmark judgements.
A few important cases concerned with Article 21:
- AK Gopalan Case (1950): Until the 1950s, Article 21 had a bit of a narrow scope. In this case, the SC held that the expression ‘procedure established by law’, the Constitution has embodied the British concept of personal liberty rather than the American ‘due process’.
- Maneka Gandhi vs. Union of India Case (1978): This case overturned the Gopalan case judgement. Here, the SC said that Articles 19 and 21 are not watertight compartments. The idea of personal liberty in Article 21 has a wide scope including many rights, some of which are embodied under Article 19, thus giving them ‘additional protection’. The court also held that a law that comes under Article 21 must satisfy the requirements under Article 19 as well. That means any procedure under law for the deprivation of life or liberty of a person must not be unfair, unreasonable or arbitrary.
- Francis Coralie Mullin vs. Union Territory of Delhi (1981): In this case, the court held that any procedure for the deprivation of life or liberty of a person must be reasonable, fair and just and not arbitrary, whimsical or fanciful.
- Olga Tellis vs. Bombay Municipal Corporation (1985): This case reiterated the stand taken earlier that any procedure that would deprive a person’s fundamental rights should conform to the norms of fair play and justice.
- Unni Krishnan vs. State of Andhra Pradesh (1993): In this case, the SC upheld the expanded interpretation of the right to life.
The Court gave a list of rights that Article 21 covers based on earlier judgments. Some of them are:
- Right to live with human dignity.
- Right to decent environment including pollution free water and air and protection against hazardous industries.
- Right to livelihood.
- Right to privacy.
- Right to shelter.
- Right to health.
- Right to free education up to 14 years of age.
- Right to free legal aid.
- Right against solitary confinement.
- Right to speedy trial.
- Right against handcuffing.
- Right against inhuman treatment.
- Right against delayed execution.
- Right to travel abroad.
- Right against bonded labour.
- Right against custodial harassment.
- Right to emergency medical aid.
- Right to timely medical treatment in government hospital.
- Right not to be driven out of a state.
- Right to fair trial.
- Right of prisoner to have necessities of life.
- Right of women to be treated with decency and dignity.
- Right against public hanging.
- Right to hearing.
- Right to information.
- Right to reputation.
- Right of appeal from a judgement of conviction
- Right to social security and protection of the family
- Right to social and economic justice and empowerment
- Right against bar fetters Right to appropriate life insurance policy
- Right to sleep
- Right to freedom from noise pollution
- Right to electricity
Right to Education Article 21 A (86th Amendment 2002)
- Declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. This amendment is a major milestone in the country's aim to achieve 'Education for AIl.
- Even before this amendment, the Constitution contained a provision for free and compulsory education for children under Article 45 in Part IV. However, being a directive principle
- It now reads-'The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.’ It also added a new fundamental duty under Article 51A that reads- ‘It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of six and fourteen years’.
Article 22 (Protection Against Arrest and Detention)
Article 22 deals with the protection against arrest and detention in certain cases.
- This article is applicable to both citizens and non-citizens.
- This provision extends certain procedural safeguards for individuals in case of an arrest.
- It comes into the picture after a person has been arrested. It is not a fundamental right against detention and arrest.
- The idea behind this right is to prevent arbitrary arrests and detention.
- The article provides the following safeguards:
- Article 22(1): Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate.
- Article 22(2): The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
- Article 22(3): No individual who has been arrested can be kept in custody for more than the period determined by the judicial magistrate. These safeguards are, however, not applicable to Enemy aliens People arrested under preventive detention laws.
What is Preventive Detention?
There are two types of detention:
Punitive detention is detention after a trial. Preventive detention is detention without trial. The idea behind this is to prevent an individual from committing a crime. This means that persons can be detained on grounds of suspicion. The rights of people arrested in this manner are governed by preventive detention laws.
Right against Exploitation (Articles 23 & 24)
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour)
- Article 23(1): Traffic in human beings and the beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.
- Article 23(2): Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.
- Exploitation implies the misuse of others’ services by force and/or labour without payment.
- There were many marginalized communities in India who were forced to engage in manual and agricultural labour without any payment.
- Labour without payment is known as begar.
- Article 23 forbids any form of exploitation.
- Also, one cannot be forced to engage in labour against his/her will even if remuneration is given.
- Forced labour is forbidden by the Constitution. It is considered forced labour if the less-than-minimum wage is paid.
- This article also makes ‘bonded labour’ unconstitutional.
- Bonded labour is when a person is forced to offer services out of a loan/debt that cannot be repaid.
- The Constitution makes coercion of any kind unconstitutional. Thus, forcing landless persons into labour and forcing helpless women into prostitution is unconstitutional.
- The Article also makes trafficking unconstitutional.
- Trafficking involves the buying and selling of men and women for illegal and immoral activities.
- Even though the Constitution does not explicitly ban ‘slavery’, Article 23 has a wide scope because of the inclusion of the terms ‘forced labour’ and ‘traffic’.
- Article 23 protects citizens not only against the State but also from private citizens.
- The State is obliged to protect citizens from these evils by taking punitive action against perpetrators of these acts (which are considered crimes), and also take positive actions to abolish these evils from society.
- Under Article 35 of the Constitution, the Parliament is authorized to enact laws to punish acts prohibited by Article 23.
- Clause 2 implies that compulsory services for public purposes (such as conscription to the armed forces) are not unconstitutional.
- Laws passed by the Parliament in pursuance of Article 23:
- Suppression of Immoral Traffic in Women and Girls Act, 1956
- Bonded Labour System (Abolition) Act, 1976
Article 24 (Prohibition of Employment of Children in Factories)
Article 24 says that “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”
- This Article forbids the employment of children below the age of 14 in any hazardous industry or factories or mines, without exception.
- However, the employment of children in non-hazardous work is allowed.
Laws that were passed in pursuance of Article 24 in India.
- The Factories Act, 1948: This was the first act passed after independence to set a minimum age limit for the employment of children in factories. The Act set a minimum age of 14 years. In 1954, this Act was amended to provide that children below the age of 17 could not be employed at night.
- The Mines Act of 1952: This Act prohibits the employment of people under the age of 18 years in mines.
- The Child Labour (Prohibition and Regulation) Act, 1986: This was a landmark law enacted to curb the menace of child labour prevalent in India. It described where and how children could be employed and where and how this was forbidden. This Act designates a child as a person who has not completed his/her 14th year of age. The 1986 Act prohibits the employment of children in 13 occupations and 57 processes.
- Child Labour (Prohibition & Regulation) Amendment Act, 2016: This Act completely forbids the employment of children below 14 years of age. It also bans the employment of people between the ages of 14 and 18 in hazardous occupations and processes. Punishments to violators of this law were made stricter by this amendment act. This Act allows children to be employed in certain family occupations and also as artists.
- Child Labour (Prohibition and Regulation) Amendment Rules, 2017: The government notified the above Rules in 2017 to provide a broad and specific framework for prevention, prohibition, rescue, and rehabilitation of child and adolescent workers. The Rules clarified on issues concerning the employment of family enterprises and also provides safeguards for artists in that the working hours and conditions are specified.
Right to Freedom of Religion (Articles 25 - 28)
Article 25 (Freedom of Conscience and Free Profession, Practice and Propagation of Religion)
Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion. The implications of these are: Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.
Right to profess: Declaration of one’s religious beliefs and faith openly and freely.
Right to practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
Right to propagate: Transmission and dissemination of one’s religious beliefs to others.
Article 26 (Freedom to Manage Religious Affairs)
According to Article 26, every religious denomination or any of its section shall have the following rights:
- Right to establish and maintain institutions for religious and charitable purposes;
- Right to manage its own affairs in matters of religion;
- Right to own and acquire movable and immovable property; and
- Right to administer such property in accordance with law.
Article 27 (Freedom from Taxation for Promotion of a Religion)
Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination. In other words, the State should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion. This means that the taxes can be used for the promotion or maintenance of all religions.
Article 28 (Freedom from Attending Religious Instruction)
This article permits educational institutions that are maintained by religious groups to disseminate religious instruction.
- This provides that no religious instruction shall be provided in State-run educational institutions.
- Educational institutions administered by the State but that were established under any endowment or trust which requires that religious instruction shall be imparted in such institutions are exempt from the above clause (that no religious instruction shall be provided).
- Any person who attends any educational institution recognized by the State or receiving State aid shall not be required to participate in any religious instruction that may be imparted in such institution, or also attend any religious worship in such institutions unless he/she has given consent for the same. In the case of minors, the guardians should have given consent for the same.
Cultural & Educational Rights (Articles 29 & 30)
Article 29 (Protection of Interests of Minorities)
This article is intended to protect the interests of minority groups.
- Article 29(1): This provides any section of the citizens residing in India having a distinct culture, language, or script, the right to conserve their culture, language and script.
- Article 29(2): The State shall not deny admission into educational institutes maintained by it or those that receive aid from it to any person based only on race, religion, caste, language, or any of them.
Article 30 (Right of Minorities to Establish and Administer Educational Institutions)
This right is given to minorities to form and govern their own educational institutions. Article 30 is also called the “Charter of Education Rights”.
- Article 30(1): All religious and linguistic minorities have the right to establish and administer educational institutions of their choice.
- Article 30(2): The State shall not, when granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
Right to Constitutional Remedies (32 – 35)
Article 32 (Right To Constitutional Remedies)
Dr Ambedkar called Article 32 as the most important article of the Constitution—'an Article without which this constitution would be a nullity. It is the very soul of the Constitution and the very heart of it’. The Supreme Court has ruled that Article 32 is a basic feature of the Constitution.
It contains the following four provisions:
- The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.
- The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the fundamental rights. The writs issued may include habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
- Parliament can empower any other court to issue directions, orders and writs of all kinds. Article 226 has already conferred these powers on the high courts.
- The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution, Thus the Constitution provides that the President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency.
What is a Writ?
Writs are written orders issued by the Supreme Court of India to provide constitutional remedies to protect the fundamental rights of citizens from a violation.
Facts about writs in India
- Article 32 also empowers Parliament to authorize any other court to issue these writs
- Before 1950, only the High Courts of Calcutta, Bombay, and Madras had the power to issue the writs
- Article 226 empowers all the high courts of India to issue the writs
- Writs of India are borrowed from English law where they are known as ‘Prerogative writs’.
What is a Writ Petition?
A writ petition is essentially a court petition for extraordinary review, asking a court to intervene in a lower court’s decision. Under the Indian legal system, jurisdiction to issue ‘prerogative writs’ is given to the Supreme Court and the High Courts of Judicature of all Indian states. Parts of the law relating to writs are outlined in the Constitution of India.
Type of Writs
The Constitution empowers the Supreme Court and High Courts to issue orders or writs.
The types of writs are:
- Habeas Corpus
- Quo Warranto
(i) Habeas Corpus: It is a Latin term which literally means ‘to have the body oiMt is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention.
(ii) Mandamus: It literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
(iii) Prohibition: Literally, it means To forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity.
(iv) Certiorari: In the literal sense, it means to be certified’ or To be informed’. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
(v) Quo-Warranto: In the literal sense, it means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.
Status of Writs in Other Countries
- The writs other than habeas corpus are discretionary remedies and have been known as prerogative orders in England and Wales since 1938.
The writs of quo warranto and procedendo are now obsolete. The modified names of certiorari, mandamus, and prohibition are mentioned under the new Civil Procedure Rules 1998 known as quashing orders, mandatory orders, and prohibiting orders respectively.
- Mandamus has been replaced by injunction in the United States district courts.
- The Supreme Court of the United States grants certiorari while the supreme court of other states grant review.
Article 33 (Armed Forces And Fundamental Rights)
- Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces.
- The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline among them.
Article 34 (Martial Law And Fundamental Rights)
- Article 34 provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India.
- The Parliament can also validate any sentence passed, punishment inflicted.
Article 35 (Effecting Certain Fundamental Rights)
Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures.