Model Answer
0 min readIntroduction
The Indian Constitution, a beacon of democratic ideals, enshrines Fundamental Rights as inviolable guarantees. The assertion that "Fundamental Rights may be said to constitutionalise social values of existing society" highlights a crucial aspect of constitutionalism. It suggests that the Constitution doesn't create rights in a vacuum; rather, it formally recognizes and protects values already present within society, transforming them into legally enforceable entitlements. This perspective acknowledges that constitutions are not merely abstract documents but reflections of a nation's evolving moral and ethical landscape. The drafting committee, influenced by historical struggles and societal realities, incorporated these values into the Fundamental Rights chapter.
Defining Fundamental Rights and Social Values
Fundamental Rights, guaranteed under Part III of the Constitution, are basic human rights which are enshrined in the Constitution and are legally enforceable. They include the right to equality, freedom of speech and expression, freedom of religion, right to constitutional remedies, and more. "Social values" refer to the shared beliefs, customs, and practices that guide behavior within a society. These values are often shaped by historical context, cultural norms, and philosophical traditions.
Right to Equality and the Caste System
The Right to Equality (Articles 14-18) directly addresses a pre-existing social evil – the caste system. While the caste system was deeply entrenched in Indian society, the Constitution, through Article 15, prohibits discrimination based on caste, religion, race, sex, or place of birth. This constitutionalization of the principle of equality challenged the traditional hierarchical structure and laid the foundation for social reform. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, further demonstrates the constitutional commitment to address historical injustices rooted in caste-based discrimination.
Freedom of Speech and Expression and the Value of Discourse
The Freedom of Speech and Expression (Article 19(1)(a)) recognizes the inherent social value placed on open communication and the exchange of ideas. Historically, societies that suppressed free expression often suffered from stagnation and oppression. The right acknowledges the importance of public discourse for a vibrant democracy. However, this right is not absolute and is subject to reasonable restrictions, reflecting the societal need for order and preventing the abuse of freedom to incite violence or hatred. The S.R. Bommai case (1994) underscored the importance of freedom of expression for democratic governance.
Right to Freedom of Religion and Religious Pluralism
India's diverse religious landscape demanded constitutional protection for religious freedom. The Right to Freedom of Religion (Article 25-28) recognizes the societal value of religious pluralism and guarantees individuals the freedom to practice and propagate their faith. This reflects the historical presence of multiple religions coexisting in India, albeit often with tensions. The constitutional guarantee aims to foster harmony and tolerance among different religious communities. The Constitution (Article 26) allows for the management of religious affairs by religious groups.
Right Against Exploitation and Social Reform Movements
The Right Against Exploitation (Articles 23-24) reflects the societal concern about practices like forced labor, child labor, and trafficking. These were prevalent social evils that required legal intervention. The abolition of untouchability (Article 17), the prohibition of forced labor (Article 23), and the ban on child labor (Article 24) are all responses to deep-rooted social problems. The Child Labour (Prohibition and Regulation) Act, 1986 (amended in 2017), exemplifies the ongoing effort to eliminate child labor, a value deeply embedded within the constitutional framework.
Evolution and Judicial Interpretation
The relationship between Fundamental Rights and social values is not static. Judicial interpretations have played a crucial role in adapting these rights to changing societal norms. For example, the concept of "lived-in" equality, as articulated by the Supreme Court, emphasizes the need to address systemic discrimination and promote substantive equality, reflecting a deeper understanding of social justice. The Vishaka Guidelines (1997) on sexual harassment, though not explicitly mandated by law initially, demonstrated how societal concerns could influence constitutional interpretation and lead to legal reforms.
Table: Examples of Fundamental Rights and Underlying Social Values
| Fundamental Right | Underlying Social Value |
|---|---|
| Right to Equality | Rejection of caste hierarchy and discrimination |
| Freedom of Speech and Expression | Importance of open communication and public discourse |
| Right to Freedom of Religion | Value of religious pluralism and tolerance |
| Right Against Exploitation | Condemnation of forced labor and child labor |
Conclusion
In conclusion, the assertion that Fundamental Rights constitutionalize social values holds significant merit. The rights enshrined in the Constitution represent a formal recognition and legal protection of pre-existing societal norms and aspirations. However, this relationship is dynamic, evolving alongside societal changes and judicial interpretations. The ongoing need to address issues like caste discrimination, gender inequality, and religious intolerance underscores the importance of continuously re-evaluating the interpretation and application of Fundamental Rights to ensure they effectively reflect and promote a just and equitable society.
Answer Length
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