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 provided in Part 3 (Art 12-35) of the Indian Constitution and aims to fulfill goals of unrestricted enjoyment (Liberty, equality, dignity), ensure freedom of citizens & check arbitrary powers of state. Individuals possessing them independent of state. a) Provided by constitution is pure they flow automatically is not dependent on any law/executive order. b) Supreme court as guarantor is give individuals an directly
approach the supreme court in case of violation unit jurisdiction (Art 32). Laws/executive actions null & void if they contravene fundamental rights (Art 13). Yet, no right can be absolute as any absolute fundamental right may lead to chaos & public disorder. Arising similar & equal rights of other. On this backdrop, reasonable restrictions have been provided for: (1) Freedom of speech & expression (Art 19(1a)) ensurable curtailment - a public order, decency, sovereignty and integrity, incitement to violence, friendly relations with other states. Rationale - absolute freedom of speech & expression may disrupt public order, incite violence it. (2) Freedom to assemble (Art 19(1b)) is prerequisites - without arms, peaceful and without violence, public order, rationale - As an armed assembly may be dangerous. (3) Freedom of profession (Art 19(1g)) is restrictions - & sport may practise for educational qualifications, may rationalize some profession/trade. Rationale - OWI person without a medicine may threaten public health, oda (4) Some professions like atomic energy, defined have national security implications. This to make them fundamental - oral is real route, reasonable perturbations can play a key role.
Diagram
Diagram showing Fulfill goals of unrestricted enjoyment (Liberty, equality, dignity), Ensure freedom of citizens, Check arbitrary powers of state. Individuals possessing them independent of state - Provided by Constitution
Abhimanyu Malik
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Restrictions on Fundamental Rights
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