Features of Fundamental Rights

Bill of Rights


The bill of Rights of part-III the constitution enumerates the Fundamental Rights of the Indian Citizen. The constitution of India, like the constitution of the USA, France, Japan and several other liberal democratic countries, Contains detailed Bill of Rights which Grants and guarantees the Fundamental Rights and freedom to the people of India. The Bill of Rights has been described as a Part of the Basic structure of the constitution.

Fundamental Rights constitute the backbone of the nation. These rights are very essential to safeguard the interests of the people. The inclusion of Fundamental Rights in the constitution also enables the people to participate in the political affairs of the state.

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.

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Comments 5 comments

undermyhat profile image

undermyhat 4 years ago from Indianapolis, Indiana

A constitution that spells out the rights of the people instead of the limitations on the government assumes that the rights of the people are finite and defined. To spell out the rights of the people is to limit them. It is a step toward tyranny. The government needs to be defined and finite rather than placing definitions and limitations on the people.

Governments are not to be trusted. They always seek greater authority and power. Governments crave order and if that means squashing the individual than so be it. Enumerated rights of citizens places limits on those rights. The citizen is in an adverasrial relationship with the government.


ali 19 months ago

it good


Ankita 18 months ago

I want the features of the fundamental rights for my social science h.w.


haritha 14 months ago

haritha


Afreen 2 months ago

It's awesome

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