Article 12 defines the term “State” as it applies to the provisions of this chapter. According to it, State includes the Government (Executive) and Parliament of India and the Government and the Legislature of each of the States and all local and other authorities within the territory of India or under the control of the Government of India.
The definition is made so comprehensive that it includes every governmental authority, legislative or executive, Central, State or local and the rights are guaranteed against violation by everyone of those authorities.
Article 13 has two important aspects. On the one hand, it invalidates all laws which were in force at the commencement of the Constitution in so far as they were inconsistent with the Fundamental Rights and to the extent of their inconsistency with those rights.
On the other, it imposes a prohibition upon the State not to make any law which takes away or abridges the rights conferred by this chapter. In case any law is made in contravention of this provision, such law would be invalid to the extent of its inconsistency with any of the rights guaranteed. The importance of this provision is that it makes express provision for judicial review of legislative enactments as to their conformity with the Constitution.
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In addition to Articles 12 and 13, Articles 33, 34 and 35 in the chapter on Fundamental Rights also contain certain general provisions. Article 33 gives the power to Parliament to suitably modify the Fundamental Rights so as to apply them to the Armed forces with a view to ensuring the proper discharge of their duties and the maintenance of discipline among them.
Article 34 deals with the restriction of Fundamental Rights while martial law is in force in any area. If the right to life and personal liberty cannot be violated except according to procedure established by law, the application of martial law might become impossible in the country and it would be impossible for the State to restore order quickly in an area which has become rebellious, riotous or in any other way violently disorderly.
Therefore, it was thought necessary to make a special provision to permit any act proclaimed by the Commander-in-Chief of the area where martial law prevails, as an offence to be reckoned as an offence under the established law. Similarly, the procedure prescribed by him shall be procedure deemed to have been established by law.
Further Parliament is empowered to indemnify any person in respect of any act done by him in connection with the restoration and maintenance of order in any area where martial law was in force. Thus, Article 34 makes the operation of martial law and the consequent restoration of peace possible.
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Article 35 deals with legislation intended to give effect to some of the provisions dealing with Fundamental Rights.
Under this, Parliament has been given exclusive power to make laws with respect to the following matters: Rights to constitutional remedies: prescribing residence qualifications required for public employment; Armed Forces and martial law. Parliament is given exclusive power also for prescribing punishment for those acts which are declared to be offences under the chapter on Fundamental Rights.
The Constitution in express terms prohibits the States from passing any law with respect to these items. The purpose of these provisions is clearly to establish uniform standards for the whole country as these are subjects which if handled by the States would create different standards which would be detrimental to the ideals of single citizenship and national unity which the Constitution aims to establish.