what is fundamental rights
Answers
Answer:
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a Constitution, or have been found under Due Process of law.
Features of Fundamental Rights
Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts. He or she should first approach the lower courts.
Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and foreigners).
Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are subject to the conditions of state security, public morality and decency and friendly relations with foreign countries.
They are justiciable, implying they are enforceable by courts. People can approach the SC directly in case of violation of fundamental rights.
Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution.
Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.
The application of fundamental rights can be restricted in an area which has been placed under martial law or military rule.