Question Q13GS2GS2
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.
Main Body
Fundamental rights are basic human rights enshrined in the constitution under Part III. (Art 12 - 35)These are basic human rights that should be endowed to every human.Fundamental right features & independence from state. Eg: State can't keep or take away any fundamental right as it is basic structure (P23: Substanial Case - constitutional morality was upheld (Art 14)Ensure base principles like Right to life & library (Art 21)Equal protection of law and negative discrimination for tribals (Art 14 & 15 frequently) (P23: limited power of parliament to amend)
Desirability of reasonable restrictions (1) Fundamental rights are not saccroscant. (2) One fundamental right can endanger other basic rights tooEg: right to free speech & expression [Art 19(1)g] can lead to hate speechDefamation continued by court etcthis violation [1926] (3) Reasonable restriction keep check on individual's rights to maintain rule of lawEg: right to move freely of a person can endanger cultural rights (Art 25) of tribals. (4) To ensure right to life & library (Art 21)By 'right to privacy' can't be abused by others as the basic essential part of human life & dignity. (5) Reasonable restrictions to protect public order, sovereignty & integrity of nation.Eg: Art 19(2)
6To prevent state from favouring any particular religious group or that culture. (7) To ensure public interest at large → Eg: Not telling the grounds of preventive detention. - Officials of Army, Navy etc are not allow to fully enjoy their freedom of speech & expression. (8) To maintain social harmony and the welfare of people at large. (Eg: Religious segregation can be done but 'proselytizing' and 'forceful conversion' is not allowed → freedom to work/profession [Art 19(1)g] can't allow human trafficking. However there are certain challenges like ambiguity in words, judicial activism etc but fundamental rights provide as bedrock of the constitution.
322 words1 paragraphs
Diagram
Mind map showing features and independence of fundamental rights from state, with base principles and various articles
Topper
THAKUR, ANJALI AJAY
AIR 432023
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Restrictions on fundamental rights
Writing Stats
322
Total words
1
Paragraphs
analytical
Tone