Ask a Teacher

give the salient features of our fundamental rights.

The fundamental right are enshrined in part 3 of the Constitution from Articles 12 to 35. In this regard, the framers of the Constitution derived inspiration from the Constitution of USA. Part 3 of the constitution is rightly described as the Magna Carta of India.

 Features of Fundamental Right.

    The fundamental Right guaranteed by the  Constitution are  characterized by following

1. Some of them are available only to the citizens while others are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporation or companies

2.They are not absolute but qualified. The state can impose reasonable restrictions on them. However, whether such restrictions are reasonable  or not is to be decided by the courts. Thus they strike  a balance between the rights of the individual and those of the society as a whole, between  individual liberty and social control.

 3.Most of them are available against the arbitrary action of the state, with a few exceptions like those against the State's action  and against the action of private individuals. When the right that are available against the sate’s action only are violated by the private individuals, there are no constitutional remedies but only ordinary legal remedies

 4. They are justifiable, allowing  persons to move the courts for their enforcement, if and when they are violated.

5.They are defended and guaranteed by the supreme court . Hence the aggrieved person can directly  go to Supreme court not necessarily by way of appeal against the judgment of the high court.