Role of the Judiciary

Fundamental Rights of Indian Constitution

During the freedom struggle, leaders realized the significance of rights and demanded that the British rulers respect the rights of the people. As early as 1928, the Motilal Nehru committee called for a bill of rights. Therefore, when India gained independence and drafted its Constitution, there was a consensus on the need for a bill of rights....

Historical Context

The demand for fundamental rights traces back to India’s freedom struggle, where leaders such as Motilal Nehru advocated for a bill of rights as early as 1928....

Nature of Fundamental Rights

Fundamental rights hold a distinct status within the legal framework of India. Unlike ordinary legal rights, which are protected by regular legislation, fundamental rights are safeguarded by the Constitution itself....

Constitutional Protection

The term “fundamental” signifies the paramount importance accorded to these rights within the constitutional scheme. The Constitution delineates specific provisions to safeguard fundamental rights, making it incumbent upon the government to uphold and protect them....

Role of the Judiciary

The judiciary plays a pivotal role in upholding fundamental rights, serving as a bulwark against governmental overreach. Through judicial review, courts have the authority to strike down laws or executive actions that violate fundamental rights or impose unreasonable restrictions on them....

Limitations and Restrictions

While fundamental rights are protected, they are not absolute. The government may impose reasonable restrictions on the exercise of these rights in certain circumstances, such as maintaining public order, morality, or national security....

Conclusion

Fundamental rights represent the bedrock of India’s democracy, serving as guarantors of individual freedoms and dignity. Their inclusion in the Constitution reflects a commitment to justice, equality, and the rule of law....

Fundamental Rights of Indian Constitution- FAQs

What are fundamental rights in the Indian Constitution?...