BULLET NOTE: Article 12-35 (Fundamental Rights)

1. Doctrine Matrix (Article 13)

Severability (Blue Pencil Rule): Only the unconstitutional part of an enactment is declared void, provided it is separable from the valid portion (A.K. Gopalan v. State of Madras).

Doctrine of Eclipse: A pre-constitutional law inconsistent with Fundamental Rights remains dormant/shadowed, not dead (Bhikaji Narain Dhakras v. State of M.P.). It revives if the constitutional hurdle is removed.

Waiver: Indian citizens CANNOT waive their Fundamental Rights (Basheshar Nath v. CIT).

---

2. Article 21 Evolution: Due Process

A.K. Gopalan (1950): Narrow interpretation. Lex (procedure established by law) suffices.

Maneka Gandhi (1978): Overruled Gopalan. Procedure MUST be Just, Fair, and Reasonable (incorporates American Due Process of Law).

---

3. High-Yield Writs Comparison (Art 32 vs Art 226)

| Parameter | Supreme Court (Art 32) | High Court (Art 226) |
|---|---|---|
| Territorial Jurisdiction | All India | State / where cause of action arises |
| Scope | ONLY Fundamental Rights | Fundamental Rights + Any Other Legal Rights |
| Discretionary? | Mandatory (Art 32 is itself a FR) | Discretionary remedy |

> [!CAUTION]
> PYQ Trap Alert [UPSC 2021]: Habeas Corpus can be issued against private entities. Mandamus and Certiorari CANNOT be issued against purely private bodies with no statutory duty.