Q.) Do you agree with the view that our constitution has given fundamental rights on one hand and taken them back on the other hand?

Ans– Fundamental rights are cherished in the third part of the constitution from article 12 to article 35. Section III of the Constitution is portrayed as the Magna Carta of India. It is meant for providing the idea of political democracy and preventing the establishment of despotic rule in the country.

The people of India gave this constitution to themselves and keeping in mind that doing so they likewise held Fundamental Rights for themselves. They had no goal that this ought to at any stage be detracted from them. They moreover battle that a few different arrangements of the constitution a level by and large to change Fundamental Rights can be misused.

Features of fundamental rights–

  1. Summer is available to citizens of India while some to all persons with our citizens, foreigners or legal persons.
  2. They are just disabled in nature which means allowing the person to move to court for their enforcement if violated.
  3. They are guarded and sure-fire by the Supreme Court of India.
  4. They can be suspended during the operation of a National Emergency. aspect while few of them can be enforceable based on law.
  5. Most of them were directly enforceable while few of them can be enforced on the basics of law.

Though, Fundamental Rights in the constitution constitute the Bedrock of the Democratic system in the country. it is argued that fundamental rights were given on one hand while withdrawn from the other based on the promises that every fundamental right has too many expectations, on one hand, while withdrawn from the other based on the promises that every fundamental right have too many expectations, Provisions, and Limitations in such a way that they are rendered to apply in the same.

This issue expects outrageous trouble just under a popularity-based arrangement of government. For, the achievement or disappointment of a majority rules system relies generally upon the degree to which common freedoms are delighted in by the residents overall. A majority rule government focuses on the most extreme improvement of the singular’s character, and the character of the individual is indivisibly bound with his freedom.

Just a free society can guarantee the inside and out the progress of its individuals which eventually helps the headway of human government assistance. Thusly, every majority rule government focuses on tying down this fundamental target to the greatest degree without, simultaneously, imperiling the security of the actual State. A typical gadget that is embraced by the vast majority of them for this object is to consolidate a rundown of crucial freedoms in their constitutions and assurance them from infringement by the chief and regulative specialists.

While Parliament ought not to be given the option to effectively revise Part III of the constitution, complete refusal of the ability to change this Part of the constitution can likewise make numerous confusions and make a slack that may not be in the public interest.

Criticism of fundamental rights–

  1. Right to Equality comes with options that result in inequality which it has aur have no reservation.
  2. No consistent philosophy.
  3. Excessive limitations.
  4. No clarity.
  5. Suspension during an emergency.
  6. Excessive remedy.
  7. Preventive detention.

Fundamental rights can be suspended during the operation of a National Emergency, fight for freedom of speech and expression which is also human rights get suspended.

Parliament has tempered with fundamental rights were producing right to property to a legal right. fundamental rights are not on the table as its Parliament can curtail or abolish them. It creates difficulty for Supreme Court and high court 20 the fundamental rights.

Dr. Ambedkar felt that the incorporation of such an arrangement was fundamental for saving the country from problematic components and an assurance to individuals to have the most extreme opportunity. As would be natural for him, the provision is vital. It will save a majority rule government from risk and eradication.” However, the Supreme Court act as a Guardian of the Supreme Court, reacting as a check and balance for every policy. this is violating the fundamental rights of the Indian constitution and citizens.

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