Constitution will lose importance if rights aren’t protected: SC
NEW DELHI: The Constitution will “lose its importance” if there is no redressal for breach of fundamental rights, such as right to life and fair trial, of the citizens by private individuals who are perf orming state actions, t he Supreme Court said on Wednesday.
Fundamentals rights such as right to life and equality and freedom of speech enshrined under the Constitution are enforceable against the State and its instrumentalities and the private parties, performing state actions, have been taking the plea that they cannot be held accountable for breach of such rights of the citizens.
“The Constitution will lose its importance, if there are no redressal for the violation of fundamental rights (of citizens) by private parties performing government functions,” a five-judge Constitution bench headed by Justice Arun Mishra observed while dealing with issues arising out of a case related to controversial statement by former UP minister Azam Khan over a rape case.
Senior advocate Harish Salve, who is assisting the bench as an amicus curiae, said “the idea that you have to be state employee or instrumentality to carry out the public duties died decades ago” as private individuals and firms are conducting functions which are primarily state functions.
The theory that only govt servants perform public service need to be relooked, he told the bench which also comprised Justices Indira Banerjee, Vineet Saran, M R Shah and S Ravindra Bhat.
With the progress in the society, the role of the state has shrunk and the government authorities have lesser roles in our lives and our jurisprudence has to change accordingly, he said and referred to the work being conducted by private parties. “So you are saying that if public duties like railways and collection of toll are given to private entities, they should be made responsible for upholding the fundamental rights,” the bench said.
Salve said time has come to “marry” the constitutional principle with the privileges to private entities to ensure fundamental rights of the citizens.
The bench had earlier taken note of a controversial statement of Khan that the gruesome Bulandshahr gang-rape in 2016, was part of a “political conspiracy”.
He had later tendered an unconditional apology before the apex court, which was accepted.
The top court, while disposing of the case against Khan, referred the matter to a five-judge bench to deal with larger issues such as whether a minister can make such a statement which is capable of infringing the rights of the victim to have a fair probe and trial.