Point out three salient features of Fundamental Rights in the Indian Constitution.

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Points to Remember:

  • Enforceability: Fundamental Rights are justiciable, meaning they can be enforced in a court of law.
  • Limitations: While broad, Fundamental Rights are not absolute and can be subject to reasonable restrictions.
  • Scope: They cover a wide range of individual liberties, ensuring basic human dignity and freedom.

Introduction:

The Indian Constitution, adopted in 1950, guarantees Fundamental Rights to all its citizens. These rights, enshrined in Part III (Articles 12-35), are considered the cornerstone of Indian democracy. They are not merely privileges granted by the state but are inherent rights that the state is bound to protect and uphold. The Supreme Court of India has played a crucial role in interpreting and expanding the scope of these rights, ensuring their effective implementation. The Preamble itself emphasizes the commitment to securing to all citizens Justice, Liberty, Equality and Fraternity. These ideals are reflected and protected through the Fundamental Rights.

Body:

1. Justiciability and Enforceability:

A salient feature of Fundamental Rights is their justiciability. This means that if a citizen’s Fundamental Rights are violated, they can approach a court of law for redressal. The courts have the power to issue writs (orders) like habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce these rights. This feature distinguishes Fundamental Rights from Directive Principles of State Policy (DPSPs), which are not directly enforceable in courts. The Supreme Court’s consistent upholding of Fundamental Rights, even against the state, demonstrates the strength of this feature. Numerous landmark judgments, such as Maneka Gandhi v. Union of India (1978), have expanded the scope of justiciability, ensuring effective protection of individual liberties.

2. Limitations and Reasonable Restrictions:

While Fundamental Rights are extensive, they are not absolute. The Constitution itself allows for reasonable restrictions on these rights in the interest of public order, morality, security, etc. For example, Article 19, guaranteeing freedom of speech and expression, allows for reasonable restrictions in the interest of the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. The determination of what constitutes a “reasonable restriction” is often a matter of judicial interpretation, balancing individual liberties with societal needs. This aspect ensures that the exercise of Fundamental Rights does not undermine the overall well-being and security of the nation.

3. Broad Scope and Comprehensive Coverage:

Fundamental Rights encompass a wide range of individual liberties, including the 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), and right to constitutional remedies (Article 32). This comprehensive coverage ensures protection against various forms of discrimination, oppression, and injustice. The rights are designed to protect the dignity and freedom of every individual, fostering a just and equitable society. The inclusion of rights like the right to education (Article 21A, added later through an amendment) further demonstrates the evolving and expanding nature of these fundamental guarantees.

Conclusion:

The three salient features – justiciability, reasonable restrictions, and broad scope – highlight the dynamic nature of Fundamental Rights in the Indian Constitution. While enforceable and comprehensive, they are not absolute, allowing for a balance between individual liberties and societal needs. The Supreme Court’s continuous interpretation and application of these rights are crucial for their effective implementation and safeguarding the democratic fabric of India. Moving forward, a focus on public awareness and education regarding Fundamental Rights is essential to ensure their full realization and the promotion of a just and equitable society, upholding the constitutional values of liberty, equality, and fraternity. This will contribute to a more inclusive and holistic development of the nation.

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