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Fundamental Rights as Part of Basic Structure
Fundamental rights are considered an essential part of the basic structure of the Indian Constitution. These rights are enshrined in Part III of the Constitution and are considered fundamental to the well-being and dignity of individuals in a democratic society.
Cannot be Repealed or Amended by Parliament
According to the Supreme Court of India, fundamental rights are considered inviolable and cannot be repealed or amended by the Parliament. The doctrine of basic structure, established in the landmark Kesavananda Bharati case, ensures that certain core principles of the Constitution, including fundamental rights, are beyond the reach of parliamentary amendments.
Judicial Review and Protection
The judiciary plays a crucial role in protecting fundamental rights from any potential encroachment by the legislature. The Supreme Court has the power of judicial review to strike down any law or action that violates fundamental rights. This acts as a check on the power of the Parliament and ensures the protection of these rights.
Importance of Fundamental Rights
Fundamental rights guarantee individual liberties and freedoms, such as the right to equality, freedom of speech, and right to life and personal liberty. They form the cornerstone of a democratic society and are essential for the protection of citizens against any arbitrary actions by the state.
In conclusion, fundamental rights are an integral part of the basic structure of the Indian Constitution and are protected from repeal or amendment by the Parliament. The judiciary acts as a safeguard to ensure the preservation of these rights, which are vital for upholding the principles of justice, equality, and democracy in the country.