KN

K N Chandana JahnaviAIR 50

Question Q.13GS2GS2

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 fundamental rights.

Open scan (p.32)

Main Body

Fundamental rights from Article 12 to Article 33 provided in PART III of Indian Constitution are not just rights given by STATE but also limitation on STATE in interest of protecting INDEPENDENT existence of citizen. Example: Article 25 on right to preach, profess a religion is NATURAL right of INDIVIDUAL which is codified as Fundamental right. They uphold the vision of FULL fledged CITIZENS and residents with features of Fundamental rights which are JUSTICIABLE and which give duty to STATE for enforcement. Under Article 32, these are remedies in form of writ for Non-enforcement. "HEART & SOUL of CONSTITUTION".

In this context, Reasonable Restrictions mean context of limitation on enforcing rights. In context of Article 19 on LIBERTY, 19(2) provides various grounds for Reasonable Restriction of Article 19 on: 1. To uphold PUBLIC order, example: INTERNET Ban in Manipur Fort Levassion, Kashmir. 2. To uphold public decency and morality, example: INTERMEDIARY guidelines to remove obscene images against women dignity. 3. To protect FRIENDLY relations with STATES, example: Post on India-Myanmar relations in context of JUNTA rule. 4. Protect Libel rights and culture, example: Protecting sentinels in Andaman Islands. 5. Uphold CONTEMPT of COURT, example: Prashant Bhushan case.

However reasonable restrictions cannot exist in VARIOUS fundamental rights as: 1) ARTICLE 21 as right to LIFE with dignity which is ABSOLUTE as held by SC in MANEKA gandhi case. 2) ARTICLE 17 to prevent & prohibit UNTOUCHABILITY is absolute, example: SAFAI Karamchai Andelan case. 3) Article 14 to uphold EQUALITY is absolute as upheld in VANHIT Abhiyan case for EWS (103rd Amendment). 4) Article 22 is absolute seven during declaration of emergency for upholding Fundamental right under Article 24. Thus reasonable restrictions are needed in Article 19 and Article 25 but come Fundamental rights are absolute and in interest of NATURAL justice must be SAFEGUARDED under DUE process law.

307 words1 paragraphs

Conclusion

Thus reasonable restrictions are needed in Article 19 and Article 25 but come Fundamental rights are absolute and in interest of NATURAL justice must be SAFEGUARDED under DUE process law.

30 words

Diagram

Box showing DESIRABILITY of Reasonable restriction under Article 19 with sub-points on Liberty, grounds for restrictions (uphold public order, public decency, friendly state relations, protect cultural rights, contempt of court)

Topper

K N Chandana Jahnavi

AIR 50

Subject & Paper

GS2GS2

Topic

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

Fundamental Rights

Nature and scope

Writing Stats

337

Total words

1

Paragraphs

analytical

Tone