are fundamental rights are basic to our constitution? discuss in about 500 words
Answers
Yes, the fundamental rights are basic to our constitution because :
The Constitution always aims at re-establishment of communal concerns along with individual interest. For example, right to religion is subjected to limitations forced by the state in the interest of public order, ethics, and health so that the freedom of religion may not be ill-treated to commit crimes or anti-social activities.
Similarly, rights guaranteed by article-19 do not mean absolute freedom. Complete individual rights cannot be assured by any current state. Therefore, our Constitution also empowered the state to impose reasonable limitations as may be necessary for the larger interest of the community.
Our Constitution attempts to strike equilibrium between individual liberty and social control and to set up a welfare state where communal interest gets importance over individual interest. Freedom of speech and expression is also subjected to logical restrictions forced by the state linking to insult, contempt of court, decency or morality, security of the state, friendly relations with foreign states, stimulation to an offense, public order and maintenance of the sovereignty and integrity of India.
Freedom of assembly is also subject to reasonable limitations imposed by the state. The assembly must be non-violent and without arms and weapons and should be in the interest of public order. Freedom of press which is included in the wider liberty of expression is also subjected to reasonable limitations and the state can inflict restriction on freedom of the press in the superior interest of the state or for the avoidance of contempt of court, defamation or incitement to an offense.
No freedom can be unconditional or totally unrestricted. While it is essential to sustain and protect freedom of speech and expression in a democracy, so also it is required to put a few curbs on this freedom for the maintenance of social order. Accordingly, under Article 19 (2), the state may make a law striking practical restrictions on the exercise of the right to freedom of speech and expression in the interest of the security of the State, public order, sovereignty, and integrity of India or in relation to contempt of Court.