If this be the true view, and we think it is, in determining the impact of State action upon constitutional guarantees which are fundamental, it follows that the extent of protection against impairment of a fundamental right is determined not by the object of the Legislature nor by the form of the action, but by its direct operation upon the individual 's rights." "We are of the view that the theory that the object and form of the State action determine the extent of pro 369 tection which the aggrieved party may claim is not consistent with the constitutional scheme. " "In our judgment, the assumption in A.K Gopalan 's case that certain articles in the Constitution exclusively deal with specific matters and in determining whether there is infringement of the individual 's guaranteed rights, the object and the form of the State action alone need be considered and effect of the laws on fundamental rights of the individuals in general will be ignored cannot be accepted as correct." This view taken in R.C. Cooper 's case has since then been consistently followed in several decisions of which I may mention only a few, namely, Shambhu Nath Sarkar vs State of West Bengal (1); Haradhan Saha vs State of West Bengal;(2) Khudiram Das vs State of West Bengal (3) and Maneka Gandhi 's case (supra).