Some conditions under which fundamental rights can be ristricted
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Hello,
here is the answer to your question !!!
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Fundamental rights are the basic rights without which no individual can develop himself to the fullest extent possible. These rights are guranteed by the Constitution and are enforced by the court of law. However, these rights are not absolute in nature.
There are reasonable restrictions imposed on them in the larger interest of the society. The rights that we enjoy must not disrupt public order, morality and health of a society.
It can be explained from the following examples:
a. Right to freedom allows individual to live freely, to exercise his/her choice, to freely express one;s opinions, to assemble peacefully,to move freely throughout the country and to carry any trade, profession of one's choice. It is the freedom to develop our personalities to the fullest. However, one must not interpret this right to freedom in a negative sense, it implies opportunities to us to develop and that this right to freedom comes with certain qualifications/ restrictions,/ exceptions. These are:
i. You cannot use your freedom of expression to instigate violence.You cannot incite people to rebel against the government.
ii. Person can only be denied of his freedom to life or personal liberty as per the procedure established by the law
b. Right to equality- Nothing can stop state to make special policies for the SC's and ST's
c. Right to Religion- Government is not strictly separated from religion. State practices principled distance where it can initiate state sponsored reforms , government can intervene to ban those practises which go against the very idea of fundamental rights to life and dignity practises which are unjust and discriminatory. Government has done it before as in case of abolishing sati,
d. However, in case an emergency is imposed, fundamental rights can be restricted. We may give example of the period of Emergency from 1975 to 1977 which is considered to be the dark chapter in the history of Democratic rule in India. During Emergency various Fundamental rights of the people were suspended. Most importantly, freedom of speech and expression was curtailed. Government suspended freedom of the press. Newspapers were asked to take prior approval from the government for all the material to be published.
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Hope it helps u !!!
# Nikky
here is the answer to your question !!!
____________________________
Fundamental rights are the basic rights without which no individual can develop himself to the fullest extent possible. These rights are guranteed by the Constitution and are enforced by the court of law. However, these rights are not absolute in nature.
There are reasonable restrictions imposed on them in the larger interest of the society. The rights that we enjoy must not disrupt public order, morality and health of a society.
It can be explained from the following examples:
a. Right to freedom allows individual to live freely, to exercise his/her choice, to freely express one;s opinions, to assemble peacefully,to move freely throughout the country and to carry any trade, profession of one's choice. It is the freedom to develop our personalities to the fullest. However, one must not interpret this right to freedom in a negative sense, it implies opportunities to us to develop and that this right to freedom comes with certain qualifications/ restrictions,/ exceptions. These are:
i. You cannot use your freedom of expression to instigate violence.You cannot incite people to rebel against the government.
ii. Person can only be denied of his freedom to life or personal liberty as per the procedure established by the law
b. Right to equality- Nothing can stop state to make special policies for the SC's and ST's
c. Right to Religion- Government is not strictly separated from religion. State practices principled distance where it can initiate state sponsored reforms , government can intervene to ban those practises which go against the very idea of fundamental rights to life and dignity practises which are unjust and discriminatory. Government has done it before as in case of abolishing sati,
d. However, in case an emergency is imposed, fundamental rights can be restricted. We may give example of the period of Emergency from 1975 to 1977 which is considered to be the dark chapter in the history of Democratic rule in India. During Emergency various Fundamental rights of the people were suspended. Most importantly, freedom of speech and expression was curtailed. Government suspended freedom of the press. Newspapers were asked to take prior approval from the government for all the material to be published.
_____________________
Hope it helps u !!!
# Nikky
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