SALIENT FEATURES OF FUNDAMENTAL RIGHTS
1. Integral part of the Constitution:
Fundamental rights are enshrined in the Constitution and hence cannot be revoked through regular legislation. If a bill approved by any legislature in the country violates the Constitution's guarantees of rights, it will be deemed null and void.
2. Comprehensive and detailed:
Part III of the Constitution lays out a comprehensive list of rights. Each article's scope and limitations have been described.
3. Lack of social and Economic Rights:
Only civic rights and freedoms are guaranteed by the Constitution. The Fundamental Rights do not include rights such as the right to work, the right to health, and the right to social security.
4. Rights are qualified:
Except for the right against untouchability, people's fundamental rights are not absolute. In the collective interest of society, they are qualified with constraints and reasonable restrictions. The Constitution specifies the breadth of each right as well as its limitations. These have been established to safeguard India's public health, public order, morality, and security. Fundamental Rights also include some limitations, such as their non-applicability to members of security and law enforcement agencies, during martial law, and for specific legislation necessary for socio-economic changes.
5. Enforceability of Rights:
Fundamental rights are now enforceable in court. If any of these rights are violated by the government or others, the individual has the right to file a complaint with the Supreme Court or the High Courts for the protection and enforcement of his or her Fundamental Rights. As a result, the Constitution not only recognises but also protects fundamental rights. These rights are protected by complex tools such as the Right to Constitutional Remedy, Public Interest Litigation, and Human Rights Commissions.
6. Fundamental Rights are amendable:
Fundamental rights are not inviolable and unchangeable. Any aspect of the Constitution, including Fundamental Rights, can be amended by Parliament. Despite their inherent inviolability, the Fundamental Rights can be changed by Parliament, according to the Constitution's "fundamental framework." In practise, the Parliament has used this power on multiple occasions.
7. Provision for the Suspension of Rights:
During an emergency, the Constitution allows for the suspension of all or any of the Fundamental Rights. However, when the emergency ends or the President withdraws it, the suspension automatically terminates.
8. Constitutional superiority of Fundamental Rights:
When the President withdraws it, people' Fundamental Rights take precedence over ordinary laws and state directive principles.
9. Special Rights for the minorities:
Minorities of all kinds are guaranteed some specific rights under the Fundamental Rights. This is in addition to the Constitution's guarantee of its secular nature. They have been accorded cultural and educational rights. It outlaws untouchability and makes it a criminal offence. Women, children, and the weaker elements of society have also been given specific safeguards.
10. No natural rights:
The Fundamental Rights chapter is not founded on the premise of 'natural rights.' Natural rights are claimed to be inalienable to man and belong to him by 'nature.' It is argued that man had these rights long before the (idea of) state was created. As a result, inherent rights do not exist because they are listed in the constitution. Natural or un-enumerated rights are not recognised under the Indian Constitution. Only the rights listed in Part III of the Constitution are guaranteed to Indian citizens.
11. Right to Property not a Fundamental Right:
Right to property which is a feature of particularly liberal democracies is not guaranteed by the Constitution of India. Actually, the original Constitution as in 1949 granted to the citizens the fundamental right to property. However, because of the hindrances posed by this right in the way of implementation of some socio-economic reforms, right to property was deleted from the list of Fundamental Rights. It was made a legal right under Article 300A. Thus, now right to property is a legal right and not a Fundamental Right of the people.