EA

Eshani AnandAIR 79· 2023

Question Q.13GS2GS2

नीतिक अधिकार राज्य द्वारा प्रदत्त उपहार नहीं हैं बल्कि एक व्यक्ति उन राज्य से स्वतंत्र रूप से राज्य के संविधान से उत्पन्न होते हैं। क्या यह संविधान के अनुच्छेद 19 से 28 के प्रावधानों की स्वाभाविक तार्किक परिणाम है? (250 शब्दों में उत्तर दीजिए) 15 अंक Fundamental rights are not gifts bestowed upon by the state rather an individual possesses them independently of the state. In this context discuss the desirability of reasonable restrictions on various fundamental rights. (Answer in 250 words) 15 marks.

Open scan (p.31)

Main Body

Fundamental Rights of the Sudlo Constitution S founded (Article 12-32) in Part 3 of the Constitution.

FUNDAMENTAL RIGHTS ARE NOT GIFTS, BUT INDIVIDUAL POSSESSIONS -

1United Nations Declaration of Human Rights -
Human beings have certain rights by virtue of BEING HUMAN.
They are to ensure POLITICAL DEMOCRACY.
They are not PROPORTIONAL flow from a higher state
2SOCIAL CONTRACT THEORY -

The people give up some rights to the state actions proportionality and objective is to meet the reasonable restriction ART 8 ISDABLE: - defaunation and morality

1(Article 19(1)):
Caveat of court
Forfeiture of state
Security of state
Friendly relations with nations
Decency

(a) Supreme Court said that defaunation limits to freedom of speech and expression and this is a desirable restriction: -

(II) Right to Reputation (Article 2) is greater than defaming under (Article 19)

(b) Article 51 -> respectful protection states require restriction on speech and expression for friendly relations

relation of reasonable restrictions and individual's operation of rights -

1The individual fireup upon reasonable restrictions are needed
2Laxmi v, nexing state action proportionality and objective is to meet the reasonable restriction ART E ISDABLE: - defaunation and morality
1(Article 19(1)):
Caveat of court
Forfeiture of state
Security of state
Friendly relations with nations
decency

(a) Supreme Court said that defaunation limits to freedom of speech and expression and this is a desirable restriction -

(II) Right to Reputation (Article 2) is greater than defaming under (Article 19)

(b) Article 51 -> respectful states states require restriction on speech and expression for friendly relations

2(Article10(b)) - Security of state, Law and order (tofe baseerable)

(e) Section(14 and Section40 b) IPC can be imposed to stop violent congregation

5(Article 19(2)(4)) - Protect safety of tubes and schedule areas, Ensured & for health

(c) there error that in Schedule(5) and (6) areas, the either remains locked

4Article 25 - Health of Freedom of religion & objectives in Putz

(c) In Sabarimala Case, Court said right to equality ; right against discrimination well forced (affied Oriental Doctrine).

of the ends to be achieved is CONSTITUTIONALI ENSURE POLITICAL and social democracy and & therefore the fundamental rights can be restricted.

378 words19 paragraphs13 bullet points

Conclusion

of the ends to be achieved is CONSTITUTIONAL, ENSURE POLITICAL and social democracy and & therefore the fundamental rights can be restricted.

22 words

Diagram

Hierarchical structure showing Government at top, with Rights and Duties, and Citizens with Fundamental Rights at bottom

Topper

Eshani Anand

AIR 792023

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Fundamental Rights

Reasonable restrictions on fundamental rights

Writing Stats

400

Total words

19

Paragraphs

13

Bullets

analytical

Tone