Question

Essay on fundamental rights in indian constitution

Answer 1

A citizen cannot relish Fundamental Rights completely or at will. Within some Constitutional restriction, a citizen can enjoy their rights. The Constitution of India imposes some rational limitations upon the enjoyment of these Rights so, that public order, morality, and health remain intact.The Constitution always aims at rec 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 I'll I treated to commit crimes or antisocial 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 nonviolent 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.It is apparent for the Indian government to preserve peace and harmony in a multi a religious, multicultural and multilingual nation. One can understand this concern taking into consideration the sociopolitical circumstances which existed in 1972 – The Bangladesh war had just ended, and the nation was yet to recover from the huge refugee incursion. It was also during that phase that local & regional parties such as Shiv Sena and Asom Gana Paris had were becoming more discordant, and religious a cultural organization like the RSS and Jamat-e-Islami had turned out to be violent in their tone and acts. Still, it cannot be denied that the Indian government overreacted in enacting the draconian IPC sections referred to above and, later, in striking the emergency conclusion 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.

Answer 2

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Fundamental Rights➫ The basic human freedom that every Indian citizens to enjoy for a proper & harmonious development of personality.

♦ It the basic & civil liberties of the people.

♦ It is sections of the Constitution of India that provides people with their rights.

➧ Significance 0f Fundamental Rights are:-
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❱ They gives the people a sense of security & confidence as it safeguards the basic human rights.

❱ To protect us from such oppressive practices.

❱ They ensure that a citizens can live with dignity & equality in his country.

❱ They also act as a means to redress the violation of Fundamental Rights.

➧ Types 0f Fundamental Rights are:-
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[1] Right To Equality:-
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❱ Abolition of untouchablilty.

❱ Social equality & equal access to public areas.

❱ Equality In matters of public employment.

❱ It ensure equal rights for all citizens.

❱ It prohibits inequality on the basis of caste, sex place, of birth & religion.

[2] Right To Freedom:-
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❱ Freedom of speech and expression.

❱ Assembly in a peaceful manner.

❱ Move freely throughout the country.

❱ Reside in any part of the country.

❱ Practices in any profession & business.

❱ Form Association & Union.

[3] Right To Exploitation:-
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❱ Prohibition of beggar & forced labour.

❱ Prohibition of human trafficking.

❱ Prohibition of child labour under 14 years of age.

[4] Right To Freedom 0f Religions:-
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❱ Freedom to manage religious affair.

❱ Freedom to convert into any religious.

❱ Religious communities can setup charitable Institution of their own.

❱ A state run institution cannot impart education that is pro-religion.

[5] Cultural & Education Rights:-
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❱ Protection of interest of minorities.

❱ Every child has the right to get basic education.

❱ To establish & administer educational institution.

[6] Right to constitutional Remedies:-
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❱ It helps to secure all the rights.

❱ Empower to Citizen to move a court of law in case of any denial of fundamental rights.

❱ The Supreme court & High court can issue writs to enforce right to individuals.

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