LIMITATIONS OF FUNDAMENTAL RIGHTS
The Constitution's guarantee of fundamental rights has been hampered by so many limits and limitations that they have essentially become ineffective.
The experts cite the American Constitution, which states that the Fundamental Rights are unaffected by any restrictions or limitations. However, it cannot be denied that Fundamental Rights are not absolute in the United States, and that they have been subjected to severe constraints as a result of Congressional legislation and Supreme Court rulings. Not only can the Parliament and the judiciary place restrictions on Fundamental Rights in India, but the Constitution itself contains numerous prohibitions.
The remedies available to preserve Fundamental Rights are prohibitively expensive and beyond the financial means of ordinary persons. As a result, only the wealthy can seek legal recourse when their fundamental rights are violated. Though the Constitution guarantees a wide range of fundamental rights, they are subject to a number of limitations. These constraints have been the source of the majority of the criticisms leveled against these Fundamental Rights. However, it must be accepted that in any civilised society, absolute rights are not attainable, and certain limitations must be imposed on them so that they can be made available to all citizens.
Finally, we might remark that, given the conditions under which the Constitution was drafted, a more complete enumeration of Fundamental Rights could scarcely be expected. There are certain constraints, but they are reasonable. Provisions concerning the suspension of fundamental rights, on the other hand, could have been avoided. They're prone to being misused. They have been used and abused in the past, but only on rare occasions.