Nature and Significance of Fundamental Rights The

Transcript:Nature and Significance of Fundamental Rights The:
Nature and Significance of Fundamental Rights The constitution is a document that sets limits on the powers of the government and ensures a democratic system in which all persons enjoy certain rights. Fundamental rights, embodied in Part III of the Constitution guarantees to each citizen basic substantive and procedural protections against the state. They can be categorized in to two types: positive and negative. Negative rights are those, which limit state action and prohibit the state from doing certain things-e.g. Art. 14, which states, “ The state shall not deny to any person equality before the law or equal protection of laws within the territory of India.” Positive rights, on the other hand, are those rights that permit a citizen to enjoy certain freedoms-e.g. Art. 19, which gives the right to freedom. Citizens Vs Non-citizens Some of the rights like ‘equality before law and equal protection of laws’ (Art. 14), protection of life and personal liberty (Art. 21), protection in respect of conviction for offences (Art.20), free and compulsory education for all children of 6-14 years (Art.21 A), Protection against arrest and detention in certain cases (Art.22), freedom of religion (Art.25-28), etc are available to all persons whether citizens or not. But rights like the right to equality of opportunity in employment (Art.16), protection from discrimination on grounds only of religion, race, caste sex and place of birth (Art.15) and freedom of speech and expression, assembly, association, movement, residence and profession (Art. 19). Neither Universal Nor Absolute Fundamental rights are not universal in application. Some of the fundamental rights and the extent of their enjoyment can be restricted or even abrogated by Parliament under Art. 33. Thus the rights of the citizens in the armed forces or the forces in charge with the maintenance of public order can be restricted or abrogated. Fundamental rights are not absolute as they are clearly defined in their scope as well as limitations. The prescribed limitations are in the interest of public good, social reforms, public order, morality and the safety of the state. The constitution allows the state to impose ‘reasonable restrictions’ on certain rights, but the ‘reasonableness’ of the restrictions is a justiciable matter. Granted to Individuals as well as to Groups Right to freedom of religion and cultural and educational rights incorporate the rights of the minorities. Abolition of untouchability is also a group right. Thus, rights are not only against