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COMPETITION LAW AND PART III OF INDIAN CONSTITUTION

The Constitution of India is the prime law of the land, which governs the rights of the people. It ensures that every person living in India has basic opportunities and they live their life in a dignified manner. Although the Indian Constitution is considered to be the largest, its main essence is contained in its basic structure, which includes the Fundamental rights as well. Moreover, under Article 13, the state is prohibited from making any law that may abridge the Fundamental Rights, and hence any law/enactment needs to abide by these rights. It is a very well-known premise that the Competition Act was framed keeping in mind the Articles 38 and 39 [Directive Principles of the State Policy] of the Constitution of India, which provides that there must be policies to reduce inequalities in income, possession/control of material assets are dispersed so that they may benefit everyone, and the monetary framework does not lead to the grouping of riches. However, there has been very less discussion on these provisions’ relationship with the Fundamental Rights.