Question 11GS2GS2

Exigency of liberty of the individual should always follow the interests of the State. Discuss the statement with reference to Indian Constitutional provisions.

Main Body

Indian Constitution is a 'Transformative Constitution' & a 'Cosmopolitan document' that aims to give a life of dignity to all.

Liberty agates to the opportunities for development of individuals personality with responsible jurisdictions.

Provisions of Indian Constitution:

(A) Fundamental Rights

1Right to equality under article 14,16 is subject to reasonable restrictions like reasonable legislative action, → Right to equality of public employment → positive discrimination towards disadvantaged sections etc.

2Right against child labour & human trafficking under article 23,24 → state can take the services of people without paying & can ask others to defend the country.

3Right to freedom of religion under article 25 → is also subject to reasonable restrictions like public order, morality etc.

(D) Right to constitutional remedies also article 32 comes with some restrictions like state cannot be used to determine the constitutionality of law.

(B) Right to freedom under article 19-23 is also subject to reasonable restrictions like public order, constitutional provisions, sovereignty, & integrity etc.

(C) Right against child labour & human trafficking under article 23,24state can take the services of people without paying & can ask others to defend the country.

(D) Right to freedom of religion under article 25is also subject to reasonable restrictions like public order, morality etc.

(E) Cultural & educational rights of minorities under article 29,30 are also subject to the restrictions imposed by state & other constitutional provisions

(F) Right to constitutional remedies also article 32 comes with some restrictions like state cannot be used to determine the constitutionality of law.

Way ahead:

1Prompt Constitutional morality

2Make fundamental duties enforceable.

3Add more structured duties like duty to vote, pay taxes etc.

4While enjoying duties, individuals shall also enjoying his duties as 'Gandhiji said that duties are project in studies, embryo'.

305 words4 paragraphs

Clear framing of Indian Constitution as 'Transformative Constitution'
Systematically addressed multiple fundamental rights
Connected each right to reasonable restrictions and state interests
Good use of specific article numbers
Comprehensive coverage of all relevant articles
Systematic articulation of restrictions on each right
Philosophical conclusion invoking Gandhi on duties
Practical way forward suggestions

Open original scan

Page 22

Topper

VIKAS

AIR 272025

Subject & Paper

GS2GS2

Topic

Individual Liberty vs State Interest

Constitutional Balance Between Liberty and State Powers

Fundamental Rights and Reasonable Restrictions in Indian Constitution

Writing Stats

305

Total words

Paragraphs

analytical and constitutional

Tone