Write a note on 'Rights' in Indian Constitution.
Write a note on 'Rights' in Indian Constitution.
Answer:
A country’s democracy ensures that individuals of the country are provided certain rights and the Government ensures that these rights of citizens are always recognised. Hence, it is a common practice across democratic nations to have the list of rights mentioned in the Constitution itself.
Bill of Rights – Indian Constitution
Such a list of rights which are protected by the Constitution and mentioned in the Constitution itself is known as the ‘bill of rights’. The ‘bill of rights’ prevents the Government from acting against those rights of the individuals. It also gives remedy to the people in case those rights are violated. The Government is bound to protect the rights of a person as it could get threatened by a private organisation or by another person.
Fundamental Rights – Indian Constitution
The Rights of the people which are listed in the Constitution and which needs special protection is known as the ‘Fundamental Rights’. The word ‘Fundamental’ is used because these rights are extremely important, the Constitution lists these rights separately, and the Constitution has made special provisions to protect them. Fundamental Rights are so special that the Constitution of India itself ensures that it cannot be violated in any manner by the Government.
Difference between Fundamental Rights and Ordinary Rights
- Ordinary Rights of the people are different from Fundamental Rights of people in India.
- The Indian Constitution guarantees and protects the Fundamental Rights whereas ordinary laws are used for enforcing and protecting ordinary legal rights.
- Fundamental Rights in the Indian Constitution can only be changed by amending the Constitution itself, which is a very complicated process, whereas the ordinary rights can be changed through ordinary process of law making by the Legislature.
- No organ of the Government can act in a way that violates the Fundamental Rights of the people.
- If the actions of the Executive or Legislature violates the Fundamental Rights of people, then the Judiciary has the powers to declare those actions as illegal or unconstitutional and nullify those actions.
Fundamental Rights – Is it Absolute?
However, it must be noted that the fundamental rights are not unlimited or absolute. Reasonable restrictions can be put on the fundamental rights by the Government. For example, in the name of fundamental rights a citizen cannot endanger the sovereignty of the nation or work against the unity and integrity of the nation.
Six Important Fundamental Rights – Indian Constitution
The Fundamental Rights mentioned in the Constitution of India are listed below:
- Right to Equality
- Right to Freedom
- Right Against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
Answer:
A country’s democracy ensures that individuals of the country are provided certain rights and the Government ensures that these rights of citizens are always recognised. Hence, it is a common practice across democratic nations to have the list of rights mentioned in the Constitution itself.
Bill of Rights – Indian Constitution
Such a list of rights which are protected by the Constitution and mentioned in the Constitution itself is known as the ‘bill of rights’. The ‘bill of rights’ prevents the Government from acting against those rights of the individuals. It also gives remedy to the people in case those rights are violated. The Government is bound to protect the rights of a person as it could get threatened by a private organisation or by another person.
Fundamental Rights – Indian Constitution
The Rights of the people which are listed in the Constitution and which needs special protection is known as the ‘Fundamental Rights’. The word ‘Fundamental’ is used because these rights are extremely important, the Constitution lists these rights separately, and the Constitution has made special provisions to protect them. Fundamental Rights are so special that the Constitution of India itself ensures that it cannot be violated in any manner by the Government.
Difference between Fundamental Rights and Ordinary Rights
- Ordinary Rights of the people are different from Fundamental Rights of people in India.
- The Indian Constitution guarantees and protects the Fundamental Rights whereas ordinary laws are used for enforcing and protecting ordinary legal rights.
- Fundamental Rights in the Indian Constitution can only be changed by amending the Constitution itself, which is a very complicated process, whereas the ordinary rights can be changed through ordinary process of law making by the Legislature.
- No organ of the Government can act in a way that violates the Fundamental Rights of the people.
- If the actions of the Executive or Legislature violates the Fundamental Rights of people, then the Judiciary has the powers to declare those actions as illegal or unconstitutional and nullify those actions.
Fundamental Rights – Is it Absolute?
However, it must be noted that the fundamental rights are not unlimited or absolute. Reasonable restrictions can be put on the fundamental rights by the Government. For example, in the name of fundamental rights a citizen cannot endanger the sovereignty of the nation or work against the unity and integrity of the nation.
Six Important Fundamental Rights – Indian Constitution
The Fundamental Rights mentioned in the Constitution of India are listed below:
- Right to Equality
- Right to Freedom
- Right Against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
