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Examine the provisions for the protection of fundamental rights in the Constitution. Discuss the rationale behind the inclusion of these rights and the debates surrounding their scope and enforceability.
Fundamental Rights are the basic rights guaranteed by the Constitution of India. The protection of fundamental rights is a cornerstone of the Indian Constitution. The objective of including Fundamental Rights in the constitution is to establish a government of law and not of man. Fundamental RightsRead more
Fundamental Rights are the basic rights guaranteed by the Constitution of India. The protection of fundamental rights is a cornerstone of the Indian Constitution.
The objective of including Fundamental Rights in the constitution is to establish a government of law and not of man. Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, and prevent the establishment of authoritarian and dictatorial rule in the country. They are very essential for the all-around development of individuals and the country.
The rationale for inclusion of fundamental rights in the Constitution is to safeguard individual liberty, ensure democracy, promote social justice, protect minority rights, upheld cultural pluralism, and establish the rule of law.
The debates surrounding fundamental rights reflect the tension between individual liberty and social needs, as well as between idealism and pragmatism. The framers of the constitution sought to strike a balance, creating a robust framework for rights protection while allowing for necessary limitations.
The inclusion of these rights has been crucial in shaping India’s democratic character. However, their effective implementation remains an ongoing challenge, requiring constant vigilance from the judiciary, civil society, and citizens.
The evolution of fundamental rights through constitutional amendments and judicial interpretations demonstrates the dynamic nature of these rights, adapting to changing social and political contexts while maintaining their core purpose of protecting individual liberty and promoting social justice.
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