Fundamental Right - Definition - Law Dictionary Home Dictionary Definition fundamental-right

Definition :

Fundamental right, is protected and guaranteed by the written Constitution of a State, Commentary or the Constitution of India, Vol. 1, p. 126.

Part III of the Constitution deals with fundamental rights. These are paramount to ordinary State-made laws, A.K. Gopalan v. State of Madras, 1950 SCR 76.

Any State Act, which is repugnant to such rights is void, Mahendra v. State of Uttar Pradesh, AIR 1963 SC 1019.

Fundamental rights, a right becomes a fundamental right because it has foundational value. Fundamental right is a limitation on the power of State. If is not to be regarded as a gift from State to its citizens but possessed by an individual independently by reason of basic fact that they are members of human race, M. Nagaraj v. Union of India, 2006 (8) SCC 212: 2006 (9) JT 191: 2006 (10) SCALE 301: 2006 (8) Supreme 89: 2006 (8) SLT 1: 2006 (8) SCJ 457 [Constitution of India, Arts. 14 to 30]