Fundamental rights are not gifts bestowed upon by the state rather an individual possesses them. In this context discuss the desirability of reasonable restrictions on various fundamental rights.
Introduction
Part III provides for fundamental rights to the citizens by the constitution inspired from 'bill of rights' that provided for unalienable rights of life & liberty. These rights are not provided by state but it brings flow from 'we the people' and hence upheld by judiciary through Article 22 and Article 26.
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Main Body
However these rights come with reasonable restrictions. These restrictions are not to curtail individual rights but promote rights of all in a society under social contract.
& Used by judiciary in subsequent cases to check arbitrariness of dissolution of state legislature & Provides that state assembly cannot be dissolved without parliament approval and judiciary has power to bring back dissolved state. Thus S.R Bommai was a watershed moment in 1926 which dealt to nourish of federalization and semi-automatic and effective use of discharging power of governed.
Shoham Teberiwal
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Restrictions on Fundamental Rights
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