Day 2 – Q 3. Are the Fundamental Rights sacrosanct? Elaborate your response with the help of concrete examples.
3. Are the Fundamental Rights sacrosanct? Elaborate your response with the help of concrete examples.
3. क्या मौलिक अधिकार अनुल्लंघनीय हैं? ठोस उदाहरणों की मदद से अपनी प्रतिक्रिया विस्तृत करें।
Approach
- Give a brief introduction about Fundamental Rights.
- Explain why Fundamental Rights are not considered to be sacrosanct and also give reasons behind restrictions imposed on the rights.
- Do not forget to mention examples, Supreme Court judgements.
Introduction
Part III of Indian constitution gives a comprehensive list of justiciable rights to the people of India. These rights, though have been influenced by the USA’s Bill of Rights, are more elaborate than those found in any other constitution.
Body
Fundamental rights provide the necessary protection to the citizens of the nation against any largesse of the state. But these Fundamental Rights are not sacrosanct and come with viable restrictions.
Constitutionally speaking, Article 368 itself provides provision for amending the Part III of the constitution given it is done via constitutional amendment bill. The Kesavanand Bharati case has pronounced that unless the basic structure of the constitution is not disturbed the fundamental rights can be amended. Accordingly, the 44th constitutional amendment act struck down the Right to Property which was previously in Part III of the constitution.
When it comes to abridging the fundamental rights, there are few positive interventions i.e., the Fundamental Rights of individuals are restricted for the overall development of the society.
- Article 15 provides for equality among all the citizens of the nation, but there are certain restrictions like Art 15(3) which provide special provisions to women and children. Additionally, Art 15(4) also provides for positive discrimination in the favour of socially and educationally backward classes. For example, Central Educational Institutions (Reservation in Admission) Act, 2006
- Article 31C provides for superseding of Article 14 and Article 15 provided the laws are framed under the DPSP provisions of Art 39(b) and 39 (c).
- The reasonable restrictions provided under the Article 19 are framed for overall maintenance of peace, public order, morality. For example- the Inner Line Permit in few North Eastern states have been created to save the sanctity of the region.
Additionally, there have been restrictions on the Fundamental rights to maintain national security and order.
- Under Article 19(3), the section 144 of the CrPC can prohibit assembly of 4 or more people on the ground of public order.
- During the national emergency, Fundamental rights can be suspended on the order of the President. This is done maintain order during times of external or internal crisis.
- Article 33 provides for restricting the fundamental rights of the people involved in armed forces. Navy Act, Army Act have been formulated in this direction.
- Article 34 restricts the rights conferred while martial law is in force in the area.
Conclusion:
The above arguments, as noted, show that though the rights given in Part III of the constitution are fundamental and inalienable, they are not sacrosanct. Restrictions have been imposed on them keeping in mind the overall welfare and security of the nation.
Best Answer: Shubham Milind
