No fundamental rights can be claimed against

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a Government company

a Municipal corporation

a Court

a Statutory corporation

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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The correct answer is C) a Court.

Fundamental rights are primarily enforceable against the ‘State’ as defined in Article 12 of the Constitution. This definition has been interpreted by the Supreme Court to include the Central and State governments, Parliament and State Legislatures, local authorities (like municipal corporations), and other statutory or non-statutory authorities performing state-like functions or under government control (like government companies and statutory corporations). Courts, when acting judicially, are considered part of the judiciary and generally not included in the definition of ‘State’ against whom fundamental rights can be claimed in their judicial capacity. Fundamental rights are a check on the executive and legislative power. A court’s administrative actions might be challengeable, but its judicial decisions are subject to appeal procedures, not direct challenge under fundamental rights as actions of the ‘State’.

Government companies, Municipal corporations, and Statutory corporations have all been held by the Supreme Court to fall within the definition of ‘State’ under Article 12 in certain circumstances, making them amenable to fundamental rights claims.

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