Fundamental Rights

Only available on StudyMode
  • Download(s) : 197
  • Published : May 23, 2011
Open Document
Text Preview
During our freedom struggle, the leaders of the freedom movement had realised the importance of rights and demanded that the British rulers should respect rights of the people. The Constitution listed the rights that would be specially protected and called them ‘fundamental rights’.These rights are defined in part III of Indian constitution The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection. The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country. Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this, no organ of the government can act in a manner that violates them. Judiciary has the powers and responsibility to protect the fundamental rights from violations by actions of the government. Executive as well as legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or restrict them in an unreasonable manner. However, fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.

Seven fundamental rights were originally provided in constitution -Right to equality, right to freedom Right against exploitation , Right to freedom of religion ,culture and educationalrights, Right to property and Right to constitutional remedies.How ever right to property was removed part III by 44th amendement in 1978. Fundamental rights are not absolute and are subjected to reasonable restriction as necessary for the...
tracking img