IMPORTANCE OF FUNDAMENTAL RIGHTS IN INDIA

The vitality of fundamental rights is stated in our constitution. Part III of the constitution covers all the traditional civil and political rights enumerated in the universal declaration of human rights. Dr B R Ambedkar described them as the most citizen part of the constitution. They were considered essential to protect the liberties and rights of the people against the infringement of the power delegated by them to their government. These rights embody the basic values cherished by the people of this country since the Vedic times. Fundamental rights are always planned to protect the dignity of the individual and create situations which can help every human being to develop his personality to the fullest extent.

They interlace a guaranteed pattern on the basic structure of human rights. It imposes negative obligations on the state, not on encroach on individual liberty in its various dimensions. They are most essential for the attainment by the individual of his full intellectual, moral and spiritual status. The object the inclusion of them in the constitution is to establish a government of law and not of man. Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, prevent the establishment of the authoritarian and dictatorial rule in the country. They are very essential for the all-round development of the individuals and the country.

Fundamental rights are essentially human rights but are regulated by the Constitution in India. They integrate him with the society and at the same time as they incorporate educative value also, a citizen is able to understand the importance of all the members of the society. The Constitution also provides for enforcement of these rights hence they have legal value also which empower a citizen to protect, respect and fulfil the rule of law. They uphold the equality of all individuals, the dignity of the individual and the nation’s unity.

Some of the salient features of Fundamental Rights include:

  • FRs are protected and guaranteed by the constitution.
  • FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for fixed period of time. However, the court has the power to review the reasonability of the restrictions. 
  • FRs are justiciable: The constitution allow the person to move directly to the Supreme Court for the reinforcement of his fundamental right as and when they are violated or restricted. 
  • Suspension of Fundamental Rights: All the Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Article 20 and 21.
  • Restriction of Fundamental Rights: The Fundamental Rights can be restricted during the military rule in any particular area. 

The fundamental rights have been revised for many reasons. Political and other groups have demanded that the right to work, the right to economic assistance in case of unemployment, old age, and similar rights be enshrined as constitutional guarantees to address issues of poverty and economic insecurity, though these provisions have been enshrined in the directive principles of state policy. The right to freedom and personal liberty has a number of limiting clauses, and thus has been criticized for failing to check the sanctioning of powers often deemed “excessive”. There is also the provision of preventive detention and suspension of fundamental rights in times of emergency.

The provisions of acts like the Maintenance of Internal Security Act (MISA), Armed Forces (Special Powers) Act (AFSPA) and the National Security Act (NSA) are a means of countering these fundamental rights, because they sanction excessive powers with the aim of fighting internal and cross-border terrorism and political violence, without safeguards for civil rights. The phrases “security of State”, “public order” and “morality” are of wide implication. The meaning of phrases like “reasonable restrictions” and “the interest of public order” have not been explicitly stated in the Constitution, and this ambiguity leads to unnecessary litigation. The freedom to assemble peaceably and without arms is exercised, but in some cases, these meetings are broken up by the police through the use of non-fatal methods.

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.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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