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Fundamental Rights

Fundamental Rights in India are inspired by the U.S. Bill of Rights and aim to protect individual dignity and development. They are included in Part III of the Indian Constitution and allow individuals to petition courts directly if violated. Fundamental Rights are not absolute but can be reasonably restricted by parliament. They are suspended during national emergencies except for rights in Articles 20 and 21. Article 12 defines "State" and Article 13 invalidates pre-existing laws and future laws that contradict the Fundamental Rights.

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99 views5 pages

Fundamental Rights

Fundamental Rights in India are inspired by the U.S. Bill of Rights and aim to protect individual dignity and development. They are included in Part III of the Indian Constitution and allow individuals to petition courts directly if violated. Fundamental Rights are not absolute but can be reasonably restricted by parliament. They are suspended during national emergencies except for rights in Articles 20 and 21. Article 12 defines "State" and Article 13 invalidates pre-existing laws and future laws that contradict the Fundamental Rights.

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nidhi
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FUNDAMENTAL RIGHTS

• Fundamental Rights in India (Article 12-35)


• The development of Fundamental Rights in India is heavily inspired by
United State’s Bill of Rights. These rights are included in the
constitution because they are considered essential for the
development of the personality of every individual and to preserve
human dignity. 
• Fundamental Rights are included in Part-III of the Indian constitution
which is also known as Magna Carta of Indian Constitution.
• These rights are called fundamental rights because they are
justiciable in nature allowing persons to move the courts for their
enforcement, if and when they are violated
FEATURES
• Some of the salient features of Fundamental Rights include:
• FRs are protected and guaranteed by the constitution.
• 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 21.
• Restriction of Fundamental Rights: The Fundamental Rights can be restricted during
the military rule in any partcular area. 
• Article 12 : Defines The State
• Article 12 of the Indian Constitution defines The State as:
• The Government and Parliament of India,
• The Government and legislatures of the states,
• All local authorities and
• Other authorities in India or under the control of the Government
of India.
• Article 13 of the Indian Constitution states that:
• 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.
• In this article, unless the context otherwise required, – (a) “law” includes any Ordinance, order,
bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of
law; (b)“laws in force” includes laws passed or made by a Legislature or other competent
authority in the territory of India before the commencement of this Constitution and not
previously repealed, notwithstanding that any such law or any part thereof may not be then in
operation either at all or in particular areas.
• Nothing in this article shall apply to any amendment of this Constitution made under article 368

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