what is the nature of fundamental rights Related: NCERT Solutions - Rights in the Indian Constitution, Class 11, Political Science?

Question

what is the nature of fundamental rights Related:  NCERT Solutions - Rights in the Indian Constitution, Class 11, Political Science?

Answer

The Nature of Fundamental Rights in the Indian Constitution

The Indian Constitution guarantees a set of fundamental rights to all its citizens irrespective of their caste, creed, religion, gender, or economic status. These rights are essential for the overall development of an individual and the society as a whole. The nature of fundamental rights in the Indian Constitution can be explained as follows:

Universal

The fundamental rights are universal in nature, meaning they are applicable to all citizens of India without any discrimination. These rights are enshrined in the Constitution and are enforceable by law. Every citizen has the right to enjoy these rights, and the government is responsible for protecting and promoting them.

Essential

The fundamental rights are essential for the development of an individual and the society. These rights aim to provide individuals with the necessary conditions for leading a dignified life. They include the right to equality, right to freedom, right to life, right to education, right to work, and right to religion. These rights are not only necessary for the growth of an individual but also for the growth of a democratic society.

Inalienable

The fundamental rights are inalienable, meaning they cannot be taken away by the state or any other authority. These rights are inherent in every individual, and the state cannot deprive a person of these rights except through a due process of law. Any violation of these rights can be challenged in a court of law.

Enforceable

The fundamental rights are enforceable, meaning they can be enforced by law. The Constitution provides for the enforcement of fundamental rights through the judiciary. Any violation of these rights can be challenged in a court of law, and the court has the power to issue writs to protect these rights.

Limitations

The fundamental rights are not absolute and are subject to certain limitations. The Constitution allows the state to impose reasonable restrictions on these rights in the interest of public order, morality, and national security. However, such restrictions should not violate the basic structure of the Constitution or the essence of the fundamental right.

In conclusion, the nature of fundamental rights in the Indian Constitution is universal, essential, inalienable, enforceable, and subject to limitations. These rights are necessary for the growth of an individual and the society and are the cornerstone of a democratic society.

Answer

Nature of fundamental rights - Basic inherent human rights - Fundamental rights are basic inherent human rights. Enforceable rights - fundamental rights are enforceable rights because the supreme court is the protector, Guardian, and Sentinel of fundamental rights under article 32. Fundamental rights are not absolute.

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