FUNDAMENTAL RIGHTS

Our Constitution guarantees fundamental rights to the citizens which are to be looked upon as inalienable rights of an individual, which every human being is entitled to enjoy if he is to maintain his dignity and self-respect. These are basic rights essential for the realization of the highest good of a citizen. Any violation of these rights can be questioned in a court of law. These are in the form of basic and essential freedoms which every citizen enjoys individually and collectively also. These are guaranteed in the form of six broad categories of “fundamental rights”, under Article 12 to 35 of our Constitution. 

  1. Right to Equality (Article 14 to 18), 
  1. Right to Freedom (Article 19 to 22), 
  1. Right against Exploitation (Article 23 and 24), 
  1. Right to Freedom of Religion (Article 25 to 28), 
  1. Cultural and Educational Rights (Article 29 to 30), 
  1. Right to Constitutional Remedies (Article 32). 

The Fundamental rights have been criticized for a number of reasons, some of them are listed below: Immoderate Limitations, Lack of Social and Economic Rights, Lack of clarity, Suspension during Emergencies etc. 

Why Fundamental Right-Guaranteed? 

The very purpose of guaranteeing the fundamental right was to keep them beyond the reach of absolute majority of legislature and officials in government, and to establish lawful principles to be applied by the courts. The constitutional framers envisaged the danger of a despotic ruler coming into power with absolute majority and so the fundamental rights were kept out of the purview of the legislature to a great extent and the courts were given the powers to safeguard these basic rights. 

The idea of incorporating the chapter of fundamental rights, in the Constitution was welcomed by all the political thinkers and constitutionalist in the country. The American Bill of Rights had positive impact on the Indian thinking in respect to incorporate the chapter of fundamental rights in the Constitution. When the Constituent Assembly met for the first time in 1946, no member opposed the idea and every member was excited and thrilled for incorporating such an important chapter in the Constitution. 

The concept of fundamental rights limits the power of the government and prevents the executive and the legislature from becoming authoritative or dictatorial and also it provides an opportunity to the individual for self-development. The success or failure of a democracy depends largely on the extent to which civil liberties and basic rights are enjoyed by the citizens. A democracy must aim at the highest development of the individual. Only a free society wherein individuals feel dignified and enjoy basic rights can assure the quick progress of its members and thus of the nation itself. Herein lies the importance of fundamental right. 

REFERENCES: 

Blog.ipleader.in 

Arihant publications 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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