The Eroding Scenerio of State and the Claim of Fundamental Rights: A Critique

Abstract

The legal relationship between the individual and the state has evolved over the years. The individual enjoys civil, political and social rights which may be regarded as amounting to a “Citizenship of entitlement. The Indian Constitution from its Preamble itself shows the concept of welfare state, where the people have been given certain rights under the category of civil, political, social, economic and cultural rights. Notable feature in respect of the Right under Indian Constitution is that are Constitution divide the rights into two categories: a) civil and political rights, which are placed in the form of of Fundamental Rights under Part-III of the Constitution. b) Social economic and cultural rights which are placed in the form of the Directive Principles of State Policy under Part-IV of Indian Constitution. As we know that framers of the Constitution provided Fundamental Rights to the people as a very core for just, reasonable and dignified subsistence of their life in the country. It is to be kept in mind that though Fundamental Rights are enforceable by court of law yet they are to be enforced against state as defined under Article 12 of the Constitution. But in this paper the researcher starts with the discussion that how many instrumentalities can come under the purview of state as defined in Article 12 and how the actual enforcement of Fundamental Rights is taken place thereof.