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Evaluate the provisions for the protection of fundamental rights in the Indian Constitution. Discuss the scope and limitations of these rights, and the role of the judiciary in their interpretation and enforcement.
The Indian Constitution's Part III (Articles 12-35) enshrines Fundamental Rights, inspired by the US Bill of Rights. These include the Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), CuRead more
The Indian Constitution’s Part III (Articles 12-35) enshrines Fundamental Rights, inspired by the US Bill of Rights. These include the Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and the Right to Constitutional Remedies (Article 32).
These rights are, however, not without restrictions. Fundamental rights are subjected to reasonable restrictions which are crucial to maintain public order and security.
Article 32 is labeled as the heart and soul of the Indian constitution as it bestows upon the supreme court the power to enforce these rights when breached through the writs. Similarly, the high courts in India to enjoy this power under article 226 of the Indian constitution.
The judiciary, through its power of judicial review, safeguards that laws comply with the Constitution. Landmark judgments, like Kesavananda Bharati (1973), which established the Basic Structure Doctrine wherein it barred the parliament from amending the basic elements of the Indian constitution one of which are the fundamental rights. During national emergency, the fundamental rights can be suspended. They cannot be given away entirely; they are simply not in effect for a specified period.
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