Hi
The Fundamental Rights: The Constitution of India provides for six Fundamental Rights:
Enshrined in Part-III of Indian Constitution, Fundamental Rights are the basic human rights guaranteed by the Constitution of India. The six fundamental rights include Right to Equality, Right to freedom, Right against exploitation, Right to freedom of Religion, Cultural and Educational Rights and Right to constitutional Remedies.
Fundamental Rights is one of the important topics in Indian polity subject in UPSC Syllabus. In this article, we will touch upon some of the most important points from this topic. We’ll also discuss some of the previously asked questions centered around Fundamental Rights.
Originally Right to property (Article 31) was also included in the Fundamental Rights. However, by the 44th Constitutional Amendment Act, 1978, it was deleted from the list of Fundamental Rights and made a legal right under Article 300A in Part XII of the constitution.
The development of Fundamental Rights in India is heavily inspired by United State’s Bill of Rights. These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity.
Fundamental Rights are included in Part-III of the Indian constitution which is also known as Magna Carta of Indian Constitution.
These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their enforcement, if and when they are violated
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.
Hope this helps.
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