Fundamental Rights- Features & Characteristics
Some Fundamental Rights are available only to citizens, while others are accessible to all individuals, including citizens, legal entities such as corporations, and foreigners.
-Fundamental Rights are not absolute, but are instead qualified.
-They are subject to reasonable restrictions imposed by the state.
-Because of their negative nature, some of them limit the State’s authority.
-When they are violated, individuals can petition the courts for their enforcement.
-Fundamental Rights can be defended.
-The Supreme Court guarantees and defends them.
During a state of national emergency, all rights may be suspended with the exception of those guaranteed by Articles 20 and 21.
The Fundamental Rights Defined Under the Constitution of India
The Indian Constitution stipulates the following as fundamental rights:
Right to Equality: This includes the right to equality before the law, the prohibition of discrimination based on religion, race, caste, sex, or place of birth, and the right to equal opportunity in public employment matters.
Right to Freedom: This includes the freedoms of assembly, association, movement, residence, and employment. In addition, it includes the freedom of thought, conscience, and religion.
Right against Exploitation: This prohibits all forms of forced labour and trafficking in humans. Additionally, it prohibits the employment of children under 14 in hazardous occupations.
Right to Freedom of Religion: This ensures the freedom to freely profess, practise, and propagate any religion.
Cultural and Educational Rights: This ensures that all citizens have the right to preserve their culture, language, and script. It also grants minorities the right to establish and manage educational institutions of their choosing.
Right to Life and Personal Liberty: This includes the right to live with dignity, personal freedom, and protection against arbitrary arrest and detention.
Right to Constitutional Remedies: This guarantees the right to petition the courts for the enforcement of fundamental rights, as well as the issuance of writs including habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
These fundamental rights are regarded as essential for an individual’s development and the growth of society as a whole. The Constitution of India recognises these rights as essential to the maintenance of a just and equitable society and as inherent to the dignity and worth of every human being.
Exclusions from Fundamental Rights
Despite the fact that these rights are regarded as sacred and inviolable, there are circumstances in which they may be limited or eliminated.
It is essential to note that below mentioned restrictions cannot be arbitrary or discriminatory. In addition, the Constitution provides certain safeguards to prevent the misuse or abuse of these restrictions. For instance, any law like criminal law that restricts the exercise of fundamental rights must be reasonable, just, and fair, and must not violate natural justice principles. In addition, individuals who believe their fundamental rights have been violated can seek redress in court.
Article 19 of the Indian Constitution guarantees six fundamental rights: The right to freedom of speech and expression, the right to assemble peacefully and without arms, the right to form associations or unions, the right to move freely throughout India’s territory, the right to reside and settle in any part of the country, and the right to engage in any occupation, profession, or trade. Nonetheless, these rights are not absolute and are subject to reasonable restrictions under the following conditions:
Independence and sovereignty of India: In the interest of India’s sovereignty and territorial integrity, the government may impose reasonable restrictions on the exercise of basic rights.
Protection of the nation: In the interest of state security, the government may impose reasonable restrictions on the exercise of fundamental rights.
Law and order: In the interest of maintaining public order, the government may impose reasonable restrictions on the exercise of fundamental rights.
Having amicable relations with foreign nations: In the interest of maintaining cordial relations with foreign states, the government may place reasonable restrictions on the exercise of fundamental rights.
Respect and virtue: In the name of decency and morality, the government may impose reasonable restrictions on the exercise of fundamental rights.
Disobedience to the court: In the interest of preventing court contempt, the government may impose reasonable restrictions on the exercise of fundamental rights.
Defamation: In the interest of defamation, the government may impose reasonable restrictions on the right to free speech and expression.
Resource Link: https://sllegalservices.com/the-significance-of-fundamental-rights-in-india/
