Part II, Chapter 1 of the Constitution guarantees a set of fundamental rights enforceable through the High Courts. Knowing which right is engaged is the first step in framing any constitutional challenge.
The rights most often invoked
- Article 9 — security of person, engaged in unlawful detention matters
- Article 10A — the right to a fair trial and due process
- Article 14 — dignity of person and privacy of home
- Article 18 — freedom to conduct any lawful trade or business
- Article 19 — freedom of speech
- Article 25 — equality of citizens and non-discrimination
Enforcement through Article 199
A fundamental rights violation is generally brought before the High Court through a writ petition under Article 199, naming the state functionary or authority responsible for the violation.
Rights against private parties
Fundamental rights are principally enforceable against the state and its functionaries. Where the wrong is committed by a private party, an ordinary civil or criminal remedy is generally the appropriate route rather than a constitutional petition.
What to do next
Identify precisely which right is affected and by which state action, since this determines both the forum and how the petition should be framed.