Fundamental Rights The fundamental rights in the Indian constitution are:
- Right to equality (Articles 14-18)
- Right to freedom (Articles 19-22)
- Right against exploitation (Articles 23-24)
- Right to freedom of religion (Articles 25-28)
- Cultural and educational rights (Articles 29-30)
- Right to constitutional remedies (Articles 32-35)
Some of most prominent features of the fundamental rights in the Indian constitution are:
They are limitations on the powers of the government. They limit the powers of the executive and the legislature. They establish the 'rule of law'. The constitution, including the fundamental rights, is the supreme law to which other laws should conform.
The Fundamental Rights are available only to The Citizens. Some are available to the foreign Citizens and legal persons. They are justifiable and can be enforced through Courts. They are suspended during the National Emergency. The rights are both Positive and Negative. The Fundamental rights which confer certain privilege on the citizens are positive the ones which confer the state from conferring certain privileges are negative.
They are not absolute. No right is absolute. Some restrictions are necessary to maintain public order, morality, and health. The Indian constitution permits 'reasonable' restrictions on individual liberties. Also, fundamental rights may be suspended during national emergencies or when Martial Law is in operation.
Fundamental rights are available against the state and not private individuals. Fundamental rights are a guarantee against state action, and not private action. When an individual/private entity violates the fundamental rights of another individual, there are other laws to take care of this.
Judicial review to safeguard fundamental rights. The Supreme and High Courts have been made independent and impartial, and they have the power to judge whether a law or amendment or an executive order is in accordance with the constitution or not. If not, they can declare them invalid.
The fundamental rights can be amended. The Union Parliament can amend the fundamental rights with a two-thirds majority of those sitting and voting, so long as the two-thirds is not less than 50% of the Parliament.
Fundamental rights are for citizens. However, aliens can claim the fundamental rights of religion and the fundamental right to life and personal liberty. The armed forces also have restrictions on their enjoyment of fundamental rights.
No comments:
Post a Comment