HPAS/Allied Mains 2022 Answer Writing Challenge Day 92 : Model Answer

Question: Describe in detail the features of Fundamental Rights enshrined in the Indian Constitution. (8 Marks and 120 Words)

Answer: 

Introduction:

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them
2. They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.

Body:

Features of the Fundamental Rights:

• Protected by Constitution: Fundamental Rights, unlike ordinary legal rights, are protected and guaranteed by the constitution of the country.
  • Some of the rights are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
• Not Sacrosanct, Permanent, or Absolute: They are not sacrosanct or permanent and the Parliament can curtail or repeal them but only by a constitutional amendment act.
  • The rights are not absolute but qualified.
    • The state can impose reasonable restrictions on them, however, the reasonability of the restrictions is decided by the courts.
  • Rights are Justiciable: The rights are justiciable and allow persons to move the courts for their enforcement, if and when they are violated.
    • Any aggrieved person can directly go to the Supreme Court in case of violation of any fundamental right.
  • Suspension of Rights: The rights can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21.
    • Further, the six rights guaranteed by Article 19 can be suspended only when there is an external emergency war or external aggression) [and not on the ground of armed rebellion (i.e., internal emergency].
  • Restriction of Laws: Their application to the members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
    • Their application can be restricted while martial law (military rule imposed under abnormal circumstances) is in force in any area.