Fundamental Rights

Topics: Human rights, Law, Universal Declaration of Human Rights Pages: 5 (1806 words) Published: September 28, 2011
Fundamental Rights are those rights and freedoms of the people of India, which enjoy constitutional recognition and guarantee. The Supreme Court of India and State High Courts have the power to enforce Fundamental Rights. Supreme court is the guardian protector of fundamental rights. A very detailed Bill of Rights It is a very detailed and comprehensive Bill of Rights. It contains 24 Articles from 12 to 35. These describe in detail the fundamental rights of the people of India. People enjoy only the rights given in the Constitution. The Constitution of India does not give any recognition to natural or un-granted rights People of India enjoy only those fundamental rights. Special Rights for the Minorities. The India bill of Rights guarantees some special rights to the minorities. Cultural and educational rights have been granted to them. It abolishes untouched and makes it’s a crime. It has also granted special protections to women, children and the weaker sections of society. Lack of Social and Economic Rights: It grants only civil rights and freedoms. Rights like Right to Work, Right to Leisure, and Right to Social Security have not been included in the India Bill of Rights. Rights are Not Absolute: The fundamental rights of the people are not absolute. Some limitations have been placed on them. While describing the scope of each right, the Constitution also describes its limitations. These have been laid down for protecting public health, public order, morality and security of India. Rights are equally binding upon all: The Constitution makes the rights binding upon all authorities0 the Union, the States, the Parliament, and all other State authorities. Enforcement of Rights. The Constitution not only grants but also guarantees rights. It provides legal and constructional protection t the fundamental rights. The citizens have been given the right to seek the protection of the Supreme Court and other courts for getting their rights enforced. Parliament has the power to amend Fundamental Rights: The fundamental rights contained in the constitution can be amended by the Parliament. The Parliament has, in practice, exercised this power on several occasions. Provision for the Suspension of Rights: The constitution provides for a suspension of fundamental rights during an emergency. However, such a suspension automatically ends when the emergency ceases or when the President withdraws it. Rights to Property are not a Fundamental Right. Initially, the Constitution granted to the citizens the fundamental right to property. However, because of the hindrances posed by this right in the way of implementation of some socio-economic reforms, right to property was deleted from the list of Fundamental Rights. It was made a legal right under Article 300A. This was done by the 44th Amendment of The Constitution. Now right to property is a legal right and not a fundamental right of the people. Right of Education. By 86th Amendment Act, Article 21A has been in the Bill of Rights. It gives to the children between the agesof 6 to 14 years, the Rights of Education. Constitutional Superiority of Fundamental Rights. The fundamental rights of the citizens are superior to ordinary laws and the Directive Principals of State Policy. No law can violate Fundamental Rights. Institution of National Human Rights Commission (NHRC). With a view to check possible violations of National Human Rights Commission has been working in India since 1993. It is five-member commission. Conclusion: These features clearly bring out the nature of Indian Bill of Rights. It is indeed a very detailed an essential part of the Constitution of India. It grants and guarantees equal fundamental rights and freedoms to all people of India. It constitutes a very strong pillar of India Democracy. Rights to Equality

Equality Before Law (Art. 14). All citizens enjoy equality before law. All enjoy equal protection of law. Equality before law, however,...
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