Question Q.13GS2GS2

Fundamental rights are not gifts bestowed upon by the state rather in 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.

Main Body

Fundamental rights are provided under Part III of the Constitution, covering Articles 13 to 32. Fundamental rights not gifts rather individual possessions: (1) They are formed as fundamental with because they are fundamental to ruling authority and for development of others. (2) Three rights are inalienable except for justifications enshrined within itself. (3) Article 13 - prevents state from imposing any restriction on rightful exercise of the rights.

4It is firmly defended by the judiciary. (ARTICLE 31 and 226) (5) It allows citizens to form a vibrant democracy, e.g., Article 29 and 30 - safeguarding rights of the minorities. (6) Promotes equality, e.g., Article 17 - abolition of untouchability. However, unrestricted fundamental rights are prone to be misused and hence reasonable restrictions are imposed: Reasonable restrictions: (1) Article 19a - to prevent undermining of public order, sovereignty, integrity of nation. (2) [to exercise public morality], e.g., restriction on movement of HIV patients.

3To ensure a broad curriculum of framework on education, e.g., restrictions on minority institutions (TMA Pai case). (4) To promote development of vulnerable sections, e.g., Restrictions of movement in tribal areas. Judiciary has played an active role in ensuring that the restrictions imposed are fair and just, e.g., S.W. 19a, it held that it must be "exercised on anvil of necessity, not quicksand of conscience".

219 words1 paragraphs

Conclusion

Judiciary has played an active role in ensuring that the restrictions imposed are fair and just, exercised on anvil of necessity, not quicksand of conscience.

25 words

Diagram

Mind map showing 'Other reasons' with branches: (4) It is firmly defended by the judiciary, (5) It allows citizens to form vibrant democracy, (6) Promotes equality; and 'Reasonable restrictions' with branches showing Article 19(a) and public morality restrictions

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Page 32

Topper

Nausheen

AIR 92023

Subject & Paper

GS2GS2

Topic

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

Fundamental Rights

Nature and Character of Fundamental Rights

Writing Stats

244

Total words

Paragraphs

analytical

Tone