Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Rupashree H. R. v. The State of Karnataka & Ors., has held that the right to defend oneself is a fundamental right under the Constitution of India, 1950 (COI).

What was the Background of Rupashree H. R. v. The State of Karnataka & Ors.?

• In this case, a writ petition has been filed before the Supreme Court against the resolution passed by the Mysore Bar Association (Respondent) on 16^th March 2019, which resolved that no member of the Association would file a vakalatnama on behalf of the present petitioner.
• This matter has been pending since 2019 and despite repeated notice the respondent has not put in appearance.
• Allowing the petition, the Court quashed the resolution.

What were the Court’s Observations?

• The bench comprising of Justices Vikram Nath and Satish Chandra Sharma observed that the right to defend oneself is a Fundamental Right under Part III of the COI and further right to appear for a client is also a Fundamental Right being a part of carrying on one’s profession as a lawyer.

What are Fundamental Rights?

About:

• The Fundamental Rights are enshrined in Part III of the COI from Articles 12 to 35.
• Part III of the Constitution is described as the Magna Carta of India.
  • Magna Carta, the Charter of Rights issued by King John of England in 1215 was the first written document relating to the Fundamental Rights of citizens.
• These rights have derived inspiration from the US Constitution (i.e., Bill of Rights).
• These rights are called fundamental as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land.
• These rights are guaranteed by the Constitution to all citizens of India without any discrimination.
• Originally, the Constitution provided for seven Fundamental Rights. However, the right to property was deleted from the list of Fundamental Rights by the 44^th Amendment Act, 1978. It has been made a legal right under Article 300-A in Part XII of the COI. So, at present, there are only six Fundamental Rights which are as follows:
  • 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 constitutional remedies (Article 32)

Features of Fundamental Rights:

• Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
• They are not absolute but qualified. The State can impose reasonable restrictions on them.
• All of them are available against the arbitrary action of the State. However, some of them are also available against the action of private individuals.
• They are justiciable; allowing persons to move the Courts for their enforcement, if and when they are violated.
• They are defended and guaranteed by the Supreme Court.
• They can be suspended during the operation of a National Emergency except for the rights guaranteed by Articles 20 and 21.

Case Law:

• In the case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Fundamental Rights can be amended by the Parliament, however, such amendment should not contravene the basic structure of the Constitution.