General Studies Mains Test Series (Polity)

General Studies Mains Test Series

Polity

THE FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION HAVE BEEN CONCEIVED IN A LIBERAL SPIRIT AND SEEK TO DRAW A REASONABLE BALANCE BETWEEN INDIVIDUAL FREEDOM AND SOCIAL CONTROL. COMMENT

The fundamental rights in the Indian Constitution have been conceived in a liberal spirit and they draw balance between individual freedom and social control. We could divide these rights in two parts, according to their nature:

Fundamental Rights exclusive to the citizens:

  1. Article 15- Prohibition of discrimination only on grounds of religion, race caste, sex or place of birth.
  2. Article 16- Equality of opportunity in matters of public employment.
  3. Article 19- Protection of certain rights, regarding, freedom of speech etc.
  4. Article 30- Right of the minorities to establish and administer the educational institutions.

Fundamental Rights available to any persons on the soil of India (Except to the enemy aliens):

  1. Article 14- Equality before law and equal protection of law.
  2. Article 20 — Protection in respect of conviction for offences.
  3. Article 21 – Protection of life and personal liberty.
  4. Article 23– Prohibition of traffic in human beings and forced labour.
  5. Article 25 – Freedom of religion.
  6. Article 27 – Freedom as to payment of taxes for promotion of any particular religion.

These Rights ensure individual freedom, however social control has also been ensured in Indian constitution, we could trade it by following points:

(i) Fundamental rights constitute the bedrock of democratic system in the country.
(ii) Fundamental rights provide necessary conditions for the material and moral protection of man.
(iii) They same as formidable bulwark of individual liberty.
(iv) They facilitate the establishment of rule of law in the country.
(v) They protect the interests of minorities and member sections of society
(vi) They strengthen the secular fabric of the Indian State.
(vii) They check the absoluteness of the authority of the government
(viii) The lay down the foundation stone of social equality and social justice.
(ix) They ensure the dignity and respect of individuals.
(x) They facilitate the participation of people in the political and administrative process.