features of fundamental rights
Answers
Answer:
Features and Characteristics of Fundamental Rights of india
Fundamental Rights are not absolute. They are subject to reasonable restrictions. They strike a balance between individual liberty and social Security. But the reasonable restrictions are subject to Judicial review.
All Fundamental Rights can be suspended except the fundamental rights guaranteed under article 20 and 21. Right to freedom is automatically suspended during Emergency
Some of the Fundamental rights are for the Indian Citizen only but some of the Fundamental Rights can be enjoyed both citizens and aliens.
Fundamental Rights can be amended but they cannot be abrogated. The abrogation of Fundamental rights will violate the basic structure of the Constitution.
Fundamental Rights are both positive and negative. The negative rights prevent the state from doing certain things. Article 15 prevents the state from making discrimination.
Some Fundamental Rights re available against the state. Some rights are available against individuals.
The Fundamental Rights are justifiable. A citizen may approach the court of law when his fundamental rights are violated.
Some Fundamental rights may not be available to personnel serving in the defense forces. They cannot enjoy all the fundamental rights.
The fundamental rights are social and political in character. No economic Rights have been guaranteed to the Citizens of India although without them the other rights are of little or of no significance.