Why fundamental rights are important in india
The object of the inclusion of them in the constitution is to establish a government of law and not of man. Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, and prevent the establishment of authoritarian and dictatorial rule in the country. They are very essential for the all-around development of individuals and the country. Fundamental rights are essentially human rights but are regulated by the Constitution in India.
They integrate him with the society and at the same time as they incorporate educational value also, a citizen is able to understand the importance of all the members of the society. The Constitution also provides for enforcement of these rights hence they have legal value also which empower a citizen to protect, respect and fulfil the rule of law. FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for fixed period of time.
However, the court has the power to review the reasonablity of the restrictions. FRs are justiciable: The constitution allow the person to move directly to the Surpreme Court for the reinforcement of his fundamental right as and when they are violated or restricted. Suspension of Fundamental Rights: All the Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Article 20 and Restriction of Fundamental Rights: The Fundamental Rights can be restricted during the military rule in any partcular area.
Let us know look at some of the important articles related to the Fundamental Rights in India:. Other authorities in India or under the control of the Government of India. All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
Nothing in this article shall apply to any amendment of this Constitution made under article Right to practice any profession or to carry on any occupation, trade or business. Protection of Life and Personal Liberty. The main purpose of Article 13 is to establish paramountcy of Fundamental Rights over Laws.
Article 13 1 : Says that any pre-constituted law can be declared as null and void , to the extent of its inconsistency with Fundamental Right. Article 13 2 : Is related to Post-Constitutional law says that if any law made by the Legislature violates Fundamental Rights, then to the extent of such violation the law shall be declared as null and void. Article 13 3 : Define the ambit of Law , which includes-. Continue With. Sign in with gmail. Groups are available only for register users Continue With.
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