Question

Explain the nature of fundamental rights in the constitution.

Answer 1

Nature of Fundamental Rights:(a) Most Elaborate:

One of the most conspicuous features of the Indian Bill of Rights is that it is the most elaborate chapter in the world. A full chapter containing twenty four articles is devoted to it. The voluminous size of the chapter is due to the enumeration of seven rights in the minutest details along with an elaborate set of limitations imposed upon them. Since the passage of 44th Amendment Act in 1978, right to property has ceased to exist as a Fundamental Right. It has been reduced to a mere legal right. As such, there are now six fundamental rights in the Constitution.

(b) Negative and Positive Rights:

Rights incorporated in the Indian Constitution are of two types—Negative and Positive. Negative rights comprise constitutional restrictions on the state. Article 10 forbids the state to confer any title, other than a military or academic distinction, on any individual. It hardly confers any right. It imposes a restriction on the legislative and executive branches of the government. Likewise Article 17 abolishing untouchability, removes a social evil. It hardly bestows a special privilege on the untouchables.

Right to freedom, right to acquire, hold and dispose off (Article 19) property and right to religion and cultural and educational rights fall in the category of positive rights. In fact, it is difficult to draw a very clear line of demarcation between the two, yet the hairsplitters of the constitution point out one difference. Negative rights are absolute, but positive rights are hedged with restrictions.

(c) Special Provision for their Enforcement:

These rights, both negative and positive, do not exist merely on the paper. They are guaranteed to the people as they are legally enforceable. A special right i.e., “right to Constitutional Remedies” has been introduced in the constitution to safeguard the rest of the fundamental rights. The Supreme Court is the guarantor and guardian of the fundamental rights. Even the High Courts, according to article 226, are empowered to issue writs for the enforcement of these rights, within the limits of their respective jurisdiction.

(d) They are not Absolute:

Unlike that of American Bill of Rights, our fundamental rights are not absolute in character. Not only constitution has hedged these rights with restrictions, even the Parliament has been authorized to impose restrictions, if it deems fit.

The Fundamental Rights are not merely restricted by the constitution. They can be further restricted by an amendment of the constitution. According to Article 33, the Fundamental Rights may be restricted or abrogated in their application to the members of Armed Forces or the forces charged with the maintenance of public order.

These provisions of Article 33 are applicable to ordinary police, responsible for the maintenance of public order as well. Article 34 which empowers Parliament to pass an Indemnity law legalizing acts done during the enforcement of these rights, may also be similarly suspended.

ADVERTISEMENTS:

Besides, Parliament through procedure of amendment, can abrogate Fundamental Rights. The 24th and 25th amendments of the constitution (which curtailed right to private property and which eventually ceased to be Fundamental Right in 1976), for furtherance of Directive Principles pertaining to socialism, were upheld by the Supreme Court of India in its historic decision made on April 24, 1973. This further established that Fundamental Rights are not at all absolute as is presumed by some critics.

(e) All Rights not of Equal Weight:

All rights are not of equal weight. A hierarchy of values is discernible. In the words of Justice M. Hidyatullah in the Golak Nath case (1967) “the right to property ,is the weakest of all rights.”

IN SHORT 6 RIGHTS ARE

Right to Equality.Right to Freedom.Right against Exploitation.Right to Freedom of Religion.Cultural and Educational Rights.Right to Constitutional Remedies.Footnotes.

PLEASE MARK AS BRAINLIST

Answer 2

Fundamental rights are basic rights of common people. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. India has six fundamental rights stated in its constitution. The nature of fundamental rights are as follows:-

1. It is the most elaborate chapter consisting of 24 articles in the Indian Constitution. This is because of the description of all the seven rights and the limitations imposed on it. Though as per now there as six fundamental rights.

2. It consist of both negative and positive rights. Negative rights include constitutional restriction on the state. It imposes restriction on legislative and executive branches.

Whereas Right to freedom, right to acquire, hold and dispose off property and right to religion and cultural and educational rights comes under the category of positive rights.

3. These negative and positive rights are not merely mentioned in pages but are actively executed and guaranteed as they are legally enforceable.

4. Ispite of being fundamental rights all rights are not of equal weight. Some are less important whereas some are more.