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Fundamental Rights In Indian constitution Presented By Dr. Jahangeer Ahmad Bhat Department of political science Govt.PG College Rajouri.
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Fundamental Rights In Indian constitution Presented By Dr. Jahangeer Ahmad Bhat Department of political science Govt.PG College Rajouri
ContentsMeaning. Types of fundamental rights.Briefly expression on various fundamental rights enumerated in our constitution.Silent features of Fundamental Rights.Reasonable Restrictions on fundamental rights.
Meaning: “Rights are those condition of social life without which no man seeks to be himself at his best”. Rights is the freedom to act in a chosen manner, against the restrictions put by the others, such as the individuals, the society and the State. Rights give to an individual the inherent dignity of a human life. Rights have dual function they protect an individual from arbitrary action of other as well as promote the interests of an individual. Both these functions are complementary to each other.
Types of Fundamental Rights: There are several types of fundamental rights. The Bill of Rights and the Fourteenth Amendment are considered Fundamental Rights. These rights include: The right to due process The right to freedom of speech The right to freedom of religion The right to privacy The right to marry The right to interstate and intrastate travel The right to equality The right to assemble And the right to bear arms Specifically, the right to marry is not mentioned in the Constitution but it is considered a fundamental right. We can examine these rights closer and look at why they are considered fundamental.
Briefly expression on various fundamental rights enumerated in our constitution: 1. The right to equality includes equality before law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. 2. Cultural and Educational Rights are given to the Citizens of India to conserve their cultural practices and that they must have access to education. 3. The right to freedom includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation. 4. The right against exploitation prohibits all forms of forced labour, child labour and trafficking of human beings.
5. The right to freedom of religion includes freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes. Cultural and educational rights preserve the right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice. 6. The right to constitutional remedies is present for enforcement of Fundamental Rights. The right to privacy is an intrinsic part of Article 21 (the Right to Freedom) that protects life and liberty of the citizens.
Silent features of Fundamental Rights: 1. Integral part of the Constitution: Fundamental Rights have been made an integral part of the Constitution and hence cannot be taken away by ordinary legislation. Any law passed by any legislature in the country would be declared null and void if it is derogatory to the rights guaranteed by the Constitution. 2. Comprehensive and detailed: The rights enumerated in the Part III of the Constitution are very elaborate. Each Article has been described with its scope and limitations. 3. Lack of social and Economic Rights: The Constitution guarantees only civil rights and freedoms. Rights like Rights to work , Right to Health, and Right to Social Security have not been included in the Fundamental Rights. 4. Rights are qualified: The fundamental rights of the people are not absolute except the right against untouchability. They are qualified with limitations and reasonable restrictions in the collective interest of the society. While describing the scope of each right, the Constitution also describes its limitations. These have been laid down for protecting public health, public order, morality and security of India. Some exceptions are also provided to Fundamental Rights through their non-applicability to members of security and law and order related forces, during martial law and, for certain laws necessary for socio-economic reforms.
5. Fundamental Rights are amendable: Fundamental Rights are not sacrosanct and permanent. Parliament has the power to amend any part of the Constitution including Fundamental Rights. The Fundamental Rights, despite having inviolable nature, can be amended by the Parliament, subject to the ‘basic structure’ of the Constitution. The Parliament has, in practice, exercised this power on several occasions. 6. Provision for the Suspension of Rights: The Constitution provides for suspension of all or any of the Fundamental Rights during an emergency. However, such a suspension automatically ends when the emergency ceases or when the President withdraws it. 7. Constitutional superiority of Fundamental Rights: The Fundamental Rights of the citizens are superior to ordinary laws and the Directive Principals of State when the President withdraws it. 8.Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution, — Supreme Court
Reasonable Restrictions: Reasonable means which is supported with a reason behind it. Thus, reasonable restrictions refer to such limits or restrictions imposed on the right to do business of a citizen with which any logic or intelligent care and deliberations are taken into considerable before imposing such restrictions. Mere arbitrariness cannot be defined as a reasonable restriction. When a reasonable restriction is imposed on a person for enjoyment of his right to do business, then it should not be arbitrary or it should not be excessive or beyond what is actually needed in the interest of general public. Also, to justify a restriction as reasonable, the restriction must be in relation to the object to which the law is seeking attainment and it should not be in excessive nature. There must be a nexus between the restriction and the object which is sought to be attained and also it should not be objectionable to the whole spirit of the Constitution. The Reasonable restrictions should always be in the interest of the general public and not in the interest of a particular person or citizen.