Limitations of Fundamental Rights
Last Updated :
21 Sep, 2022
In the Indian constitution, certain rights are defined as fundamental rights for the citizens of India. These rights are called fundamental rights because they allow every citizen to live a life with dignity within the country and develop their personal and social identity. The constitution makes these rights fundamental, implying that any citizen can seek justice in court in case of denial or violation of any of these rights. Fundamental rights are the rights that apply to all citizens irrespective of gender, caste, or religion. The law guarantees and protects these rights, and violations are subject to judicial actions. The fundamental rights aim to uphold equality, dignity, and unity of the nation by empowering people with constitutional support.
Six Rights of Fundamental Rights
The Fundamental Rights:
The Indian constitution declares the following six rights as fundamental rights for the citizens of India:
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
The list of fundamental rights is found in Part III of the Indian constitution and is elaborated between Article 12 to Article 35. The scope and limitations of each article are described comprehensively in these articles. Some rights apply only to the citizens, while others are available to all persons, including citizens, foreigners, or corporations.
Limitations of Fundamental Rights:
The fundamental rights listed in the constitution have reasonable restrictions, which means they are not absolute and depend on the conditions of national security, public influence, and relations with other countries. These rights include certain restrictions and limitations, which are briefed as follows:
1. Social And Economic Rights Are Not Included:
The fundamental rights do not include important social and economic rights that are also important for individuals to lead a quality life. The right to social security, the right to labor, and the right to employment are not considered fundamental rights. Other countries like China provide such rights.
2. Lack of Clarity:
Many experts have found that certain terms and phrases used to define the various fundamental rights lack clarity as their explanation is not given in the constitution of India. This creates some confusion or vagueness in understanding the scope of these rights.
3. Subject to Changes or Abolishment:
The government of India has the authority to change, curtail, or abolish any fundamental rights. There are apprehensions and criticism against this because of the political motivations that may enjoy majority support in the parliament.
4. Suspension During Emergencies:
Fundamental rights are subject to suspension during the operation of a national emergency (except for the fundamental rights defined under Articles 20 and 21). Citizens of the country will be deprived of their fundamental rights if a national emergency is declared.
5. Preventive Detention:
Provisions for the concept of preventive detention where the state can impose reasonable restrictions on fundamental rights are criticized in many forums. This is considered critical as it undermines the value and significance of fundamental rights by conferring discretionary power on the state.
6. Expensive Judicial Process:
Ordinary people often don’t have the experience or financial means to go through the judicial processes to have their fundamental rights enforced by the law. The judicial process is also expensive and complex and sometimes beyond the reach of ordinary people.
7. Restriction of Laws:
The parliament can restrict the application of fundamental rights to the members of armed forces, paramilitary forces, police forces, and intelligence agencies.
Important Points About Fundamental Rights
- The property right was initially included in the fundamental rights but by the 44th constitutional amendment act, 1978, it was deleted from the list of fundamental rights.
- Fundamental Rights are included in Part-III of the Indian constitution, also known as the Magna Carta of the Indian Constitution.
- Article 13(2) of the Indian constitution states that no laws can be made that take away fundamental rights.
- If any bill approved by any legislature in the country is found to have violated any of the fundamental rights, the bill has to be withdrawn.
Conclusion:
The fundamental rights are guaranteed and protected by the constitution of India and are applicable to every citizen of India without any discrimination. There are some essential differences between fundamental and legal rights in the process through which they are enforced. Fundamental rights are the backbone of the country and are crucial for safeguarding citizens’ interests in maintaining life with freedom and equality. Certain rules and restrictions are associated with fundamental rights as defined in the different articles of the constitution. A fair understanding and awareness of the scope and limitations of fundamental rights are necessary to ensure their effectiveness.
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