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Which fundamental right/s in Indian Constitution is called absolute fundamental right/s?
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Which fundamental right/s in Indian Constitution is called absolute fu...
Absolute Fundamental Rights in the Indian Constitution
In the context of the Indian Constitution, it is important to understand that while most fundamental rights are subject to reasonable restrictions, there are certain rights that are considered absolute, meaning they cannot be curtailed or suspended under any circumstances.
Key Absolute Fundamental Rights:
- Right to Equality (Article 14)
This article guarantees that every individual is equal before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It is an absolute right as it applies universally.
- Right to Freedom of Speech and Expression (Article 19(1)(a))
Though this right can be restricted in certain situations, the core essence of free speech is absolute and cannot be entirely taken away.
- Right to Protection Against Ex Post Facto Laws (Article 20(1))
This right ensures that no one can be punished for an act that was not an offense at the time it was committed. It is an absolute safeguard against arbitrary enforcement of laws.
- Right to Protection Against Double Jeopardy (Article 20(2))
This provides that no person should be prosecuted and punished for the same offense more than once, ensuring absolute protection for individuals from being tried multiple times for the same crime.
- Right to Protection Against Self-Incrimination (Article 20(3))
This right protects individuals from being compelled to testify against themselves, preserving the principle of individual autonomy and dignity.
Conclusion:
While the Constitution embodies a range of fundamental rights aimed at safeguarding individual liberties, the aforementioned rights stand out as absolute in nature. They form the bedrock of personal freedoms and justice in the Indian legal framework, ensuring that the state cannot infringe upon them under any circumstances.
Community Answer
Which fundamental right/s in Indian Constitution is called absolute fu...
The
right
to
equality
(
Article
14
)
and
the
right
to
freedom
(
Art
icles
19
-
21
)
are
the
two
absolute
fundamental
rights
recognized
by
the
Indian
Constitution
.
The
right
to
equality
is
recognized
as
an
absolute
fundamental
right
in
the
Indian
Constitution
because
it
guarantees
the
right
of
every
citizen
to
be
treated
equally
before
the
law
and
prohibits
any
form
of
discrimination
on
the
basis
of
race
,
sex
,
caste
,
place
of
birth
,
religion
or
any
other
factor
.
It
also
guarantees
the
right
to
equal
opportunity
for
all
citizens
in
matters
of
employment
,
education
,
and
other
public
services
.
The
right
to
freedom
is
also
an
absolute
fundamental
right
in
the
Indian
Constitution
.
This
right
guarantees
the
right
of
every
citizen
to
liberty
,
freedom
of
thought
,
expression
,
and
speech
,
freedom
of
conscience
and
religion
,
and
the
right
to
assemble
peacefully
.
It
also
prohibits
the
imposition
of
any
restrictions
on
a
person
's
fundamental
rights
except
in
the
interests
of
public
order
,
morality
,
and
health
.
Furthermore
,
it
prohibits
any
restriction
on
the
freedom
of
movement
of
citizens
within
the
territory
of
India
.
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Which fundamental right/s in Indian Constitution is called absolute fundamental right/s?
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