22_02_08

Fundamental Rights

Fundamental Rights

The Fundamental Rights included in the Indian constitution are a way to ensure that the people get to lead a decent life in the country. 


These rights however have some peculiar features which are usually not found in the constitution of other countries.

Peculiar Features of the Fundamental Rights

Fundamental Rights are not absolute. They are subject to reasonable limitations. They strike stability between a person’s freedom and social safety. But the reasonable restrictions are subject to legal review. Here is a look at some such peculiar features of these rights:

  • All Fundamental Rights can be suspended. Right to freedom is automatically suspended during Emergency in the interest of safety and integrity of the country.
  • A number of Fundamental rights are for the Indian Citizens only, but few of the Fundamental Rights can be enjoyed by both citizens and non-citizens.
  • Fundamental Rights can be amended but they cannot be abolished. The abrogation of Fundamental rights will breach the basic formation of the Constitution.
  • Fundamental Rights are both positive and negative. The negative rights prevent the state from doing certain things. It prevents the state from making discrimination.
  • Some Rights are available against the state. Some rights are available against individuals.
  • The Fundamental Rights are justifiable. A citizen may approach the court of law when his fundamental rights are violated.
  • Some Fundamental Rights may not be available to a person working in Defense services as they are restricted from some of the rights.
  • The Fundamental Rights are political and social in nature. No economic rights have been guaranteed to the Citizens of India although without them the other rights are of slight or of no importance.
  • Each Right is conditioned by certain duties.
  • Fundamental rights have a comprehensive approach and they tend to safe guard our social, economic, cultural and religious interests.
  • These are an integral part of the Constitution cannot be altered or taken away by ordinary legislation.
  • Fundamental Rights are an indispensable part of our Constitution.
  • Twenty-four articles are enjoined with these Fundamental Rights.
  • Parliament can amend Fundamental Rights by a special procedure.
  • Fundamental Rights aim at restoring collective interest along with individual interest.

Conclusion

There is no right which has no corresponding obligations. It is, however, worth remembering that the Constitution has very extensively elaborated rights and the courts of law have very little to twist these to suit their convenience or take shelter of duties.