Fundamental Rights of Indian Constitution

What are fundamental rights in the Indian Constitution?

Fundamental rights are a set of essential rights guaranteed to Indian citizens by the Constitution. These rights encompass individual liberties such as the right to equality, freedom of speech and expression, right to life and personal liberty, freedom of religion, and the right to constitutional remedies.

How are fundamental rights different from ordinary rights?

Fundamental rights are distinguished from ordinary legal rights in several ways. Unlike ordinary rights, which are protected by regular legislation, fundamental rights are enshrined in the Constitution itself. They hold a higher status and can only be amended through a constitutional process.

What is the role of the judiciary in protecting fundamental rights?

The judiciary plays a crucial role in safeguarding fundamental rights by exercising the power of judicial review. Courts have the authority to strike down laws, executive orders, or actions that violate fundamental rights or impose unreasonable restrictions on them. Through this mechanism, the judiciary ensures accountability and upholds the integrity of the constitutional framework.

Can fundamental rights be restricted?

While fundamental rights are fundamental to individual liberties, they are not absolute and can be subject to reasonable restrictions under certain circumstances. The government may impose restrictions on fundamental rights in the interest of public order, morality, security, or the sovereignty and integrity of the nation. However, such restrictions must be proportionate and adhere to constitutional principles.

How are fundamental rights protected against governmental overreach?

Fundamental rights are protected against governmental overreach through the principle of judicial review. Citizens can challenge any government action or legislation that violates their fundamental rights in court. The judiciary has the authority to declare such actions or laws unconstitutional and nullify them, ensuring that the government operates within the bounds of the Constitution and respects individual liberties.

Class 11 Polity Chapter 1: Fundamental Rights of Indian Constitution

Fundamental rights lie at the heart of India’s constitutional framework, embodying the aspirations and values of its citizens.

Engraved in the Indian Constitution, these rights represent the culmination of a long struggle for freedom and justice.