Part II of the constitution provides for 6 fundamental rights to the citizens
Main Body
Fundamental Rights Right to equality (Art 14-18) Right to religious freedom (Art 23-28) Right against exploitation (Art 24-27) Right to freedom (Art 19-22) Cultural and educational rights (Art 20-30) Right to constitutional remedies (Art 32) They are fundamental to the individual's growth & liberty. Fundamental rights not gifts bestowed by state but an individual possessing independent of state. Fundamental since bestowed by the fundamental laws of the land is constitution: - Implicitly mentioned in the constitution's Part III No need for state to being any legislation for their enforcement. - Places constitution restriction on parliament entry legislation and executive action - can't take away fundamental rights. Art 12 provides for power of judicial review to protect them. Article 32 provides for constitutional remedies - enforcement and writ jurisdiction of supreme court if violated. Reasonable Restrictions on Fundamental Rights Article 19(2) - right to freedom (subject to restrictions i.e. covering and territorial integrity of state, public order, friendly relations with foreign state etc. Art 19(1)d - right to freedom of movement and subject to public decency and morality and rights of scheduled tribes. During national emergency, under Art 358 & 359, fundamental rights can be taken away.
Conclusion
Desirability of reasonable restrictions Yes - Ensues protection of tribal cultural & identity - Art 19(1)d - government can injure for political purpose - Ensure public order - Labor prevent contempt of court - Ensure that exercise of right by one doesn't violate other's right - Resolutions make them toothless. Ensure Social harmony is - Ensure government to take affirmative actions (Art 15(4), 16(4)) Fundamental rights should be based on balanced between individual rights & social harmony.
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Nidhi Goyal
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Fundamental Rights
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