What will happen to a person if the state take away his rights (around 60 words)
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Answer:
hey cannot be taken away. Part III of the Constitution (Fundamental Rights) can only have reasonable restrictions. They cannot be 'taken away’. For eg. You have the right to free speech, that cannot be taken away. However, if you're in court, the court can tell you to turn off your mobile phone. That is a reasonable restriction.
The supreme court in the Keshananda Bharti case held that certain aspects of our constitution, such as the federal/state relationship, the democratic character of our constitution, the independence of our judiciary, fundamental rights, etc., were the basic structure of our constitution. The court held that the basic structure cannot even be amended by Parliament. Recently in the NJAC case, the supreme court struck down the NJAC Act as being violative of the basic structure of the Constitution.
Accordingly, fundamental rights, cannot be 'taken away’.
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