Nature of Fundamental Rights
To prepare for Indian Polity for any competitive exam, aspirants have to know about the basics of Fundamental Rights. It gives an idea of all the topics important for IAS Exam and the polity syllabus (GS-II). Fundamental Rights and related topics are extremely important for the UPSC Exam. This is an essential portion of the polity. As IAS aspirants, you should be thorough with the Union and Territories. This article will provide you with relevant details about the Nature of Fundamental Rights.
|NATURE OF FUNDAMENTAL RIGHTS|
Judicial interpretations have expanded the scope of rights in many respects. The government and administration of our country function within this overall framework.
Rights enforce limitations on the functioning of the government and ensure democratic governance of the country.
- Most of the rights operate vertically (against the state), while others are operated horizontally.
- Most of the rights are negative in spirit, where some are positive in nature conferring certain privileges on the persons. E.g. Art. 21A.
- FR are justiciable, defended and guaranteed by the Supreme Court. Aggrieved person can directly go to the SC (Art. 32) and HC (Art. 226).
- They are available to all citizens. Some are available to non-citizens as well.
- They are not absolute and sacrosanct but qualified. Parliament can curtail or repeal them but only by a constitutional amendment act subject to the basic structure.
- Reasonable restrictions could be brought in. This allows FR to strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control
- All of them are available against the arbitrary action of the state.
- They can be suspended during National Emergency (Art. 352) except the rights guaranteed by 20 and 21.
- The six rights guaranteed by Art. 19 can be suspended only when emergency is declared on the grounds of war or external aggression (external emergency) and not on the ground of armed rebellion (internal emergency) (by 44th CAA 1978)
- Scope of operation of FR is limited by 31A, Art. 31B and Art. 31C (saving of laws giving effect to certain directive principles).
- Application of FR to the members of armed forces, para-military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the PARLIAMENT(Art. 33).
- Application of FR can be restricted while martial law is in force in any area (Art. 34).
- Most FRs are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by the Parliament to maintain uniformity throughout the country (Art. 35) and not by state legislatures.