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FR (Nature of Fundamental Rights, Grounds for Restriction of Fundamental…

- - - - The rights can be divided into two forms such as Fundamental Rights and Legal Rights.
      - Both the Fundamental Rights and Legal Rights are legally enforceable.
      - The difference between fundamental rights and legal rights are:
        
        If Fundamental rights are violated then the aggrieved individual has the right to approach the Supreme Court directly under Article 32 for the enforcement of his rights.
        
        Whereas, if any other legal rights are violated then the aggrieved individual has the right to approach the High Court under Article 226 by filing a writ petition or approaching a subordinate court by filing a legal suit.
    - - The concept of Judicial Review is implicitly given in the constitution but in the case of fundamental rights
      - It is the power of the superior court that is the Supreme Court and High Court to declare a law as
      - The judicial review is available for the court both against the legislative and executive actions.
      - The Judicial review is more implied under the Constitution where it is available under the writ jurisdiction
      - Further, the doctrine of limited government where the powers of the government are limited by the concepts
      - However, while implying Judicial Review the courts are bound by the following three conditions:
        
        Ordinarily the Court shall not pronounce on the Constitutionality of the law that has not been brought into court.
        
        Ordinarily the Court shall not act Suo moto while implying judicial review.
        
        If two interpretations are possible to a law passed by the State, where the first interpretation leads to harmony with the Constitutional Provisions and the second interpretation leads to flipping with the Constitutional provision then the Court shall prefer the first interpretation to the second.
    - - It helps in the evolution of the Constitution.
      - It creates a balance between Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV).
      - It establishes the supremacy of the Constitution.
    - - The First Constitutional Amendment Act, of 1951 has amended a few fundamental rights. Its Constitutionality
      - Article 13 (2) says that the State shall not make any “law” which takes away or abridges one or more
      - The court consistently held this view in a number of cases leading to the Sajjan Singh vs State of Rajasthan Case in 1965.
    - - In this case the Supreme Court while upholding its Constitutional validity held that the Parliament enjoys
      - Any enactment made by the Parliament in the exercise of its power under Article 368 is called a
      - Whereas, any act passed in the exercise of its ordinary legislative power is called ‘law’ and comes within
      - The court consistently held this view in a number of cases leading to the Sajjan Singh vs State of Rajasthan Case in 1965.
    - - In this case the Supreme Court overruled its earlier decisions and held that Article 368 did not confer the power
      - Therefore, the Parliament enjoyed only one type of legislative power called ordinary legislative power. Thus,
      - Further, the court also declared that the fundamental rights had given a transcendental position or overriding