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UPSC MainsENGLISH-COMPULSORY20245 Marks
Q37.

Quick

How to Approach

This question, simply stating "Quick," is unusual for a UPSC Mains paper. It likely tests the candidate's ability to think on their feet, prioritize, and demonstrate core writing skills under pressure. The best approach is to interpret "Quick" as a directive to provide a concise, impactful response focusing on the most crucial aspects of a relevant topic – in this case, a fundamental concept in Indian Polity: Fundamental Rights. The answer should be structured as a brief overview, highlighting the core principles and significance.

Model Answer

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Introduction

The Indian Constitution guarantees six fundamental rights to its citizens, enshrined in Part III (Articles 12-35). These rights, often described as the ‘cornerstone of Indian democracy’, are essential for a dignified human life and protect individuals from arbitrary state action. The concept of Fundamental Rights draws inspiration from the Bill of Rights in the US Constitution and the Universal Declaration of Human Rights, 1948. Their importance lies not only in their legal enforceability through the writ jurisdiction of the Supreme Court and High Courts but also in their role as limitations on governmental power, ensuring a balance between state authority and individual liberty.

Fundamental Rights: A Concise Overview

Fundamental Rights are legally enforceable rights guaranteed to all Indian citizens. They are classified into six categories:

  • Right to Equality (Articles 14-18): Ensures equal treatment before the law, prohibits discrimination based on religion, race, caste, sex, or place of birth, and abolishes untouchability.
  • Right to Freedom (Articles 19-22): Guarantees freedom of speech and expression, assembly, association, movement, and residence. It also protects against arbitrary arrest and detention.
  • Right against Exploitation (Articles 23-24): Prohibits forced labour, human trafficking, and employment of children in hazardous industries.
  • Right to Freedom of Religion (Articles 25-28): Guarantees freedom of conscience, profession, and propagation of religion, subject to public order, morality, and health.
  • Cultural and Educational Rights (Articles 29-30): Protects the language, script, and culture of minorities and allows them to establish and administer educational institutions.
  • Right to Constitutional Remedies (Article 32): This is considered the ‘heart and soul’ of the Constitution, providing citizens the right to approach the Supreme Court and High Courts for the enforcement of their Fundamental Rights.

Suspension of Fundamental Rights

Fundamental Rights are not absolute and can be suspended during a national emergency (Article 352). However, Article 20 and 21 (protection of life and personal liberty) cannot be suspended even during an emergency. The 42nd Amendment (1976) expanded the scope of suspension, but this was later curtailed by the 43rd Amendment (1977).

Limitations on Fundamental Rights

Fundamental Rights are subject to reasonable restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or the protection of the health or other interests of the public. These restrictions must be imposed by law and must be ‘reasonable’ – meaning they should not be arbitrary or excessive.

Evolution and Judicial Interpretation

The interpretation of Fundamental Rights has evolved through landmark Supreme Court judgments. For example, the Kesavananda Bharati v. State of Kerala (1973) case established the ‘basic structure’ doctrine, limiting Parliament’s power to amend the Constitution in a way that alters its fundamental features. The Supreme Court has also expanded the scope of Article 21 to include the right to a dignified life, the right to privacy (Justice K.S. Puttaswamy v. Union of India, 2017), and the right to education (Mohini Jain v. State of Karnataka, 1992).

Right Article(s) Key Feature
Equality 14-18 Equal treatment, no discrimination
Freedom 19-22 Speech, expression, movement, etc.
Against Exploitation 23-24 Prohibition of forced labour

Conclusion

Fundamental Rights are the bedrock of India’s democratic framework, safeguarding individual liberties and ensuring a just society. While subject to reasonable restrictions and potential suspension during emergencies, their protection remains paramount. Continuous judicial interpretation and evolving societal norms ensure that these rights remain relevant and responsive to the changing needs of the nation, upholding the dignity and freedom of every citizen.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

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Additional Resources

Key Definitions

Writ Jurisdiction
The power of the Supreme Court and High Courts to issue directions or orders for the enforcement of Fundamental Rights. These writs include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Basic Structure Doctrine
A principle established by the Supreme Court stating that while the Constitution can be amended, its fundamental features or basic structure cannot be altered by Parliament.

Key Statistics

As of 2023, the Supreme Court has heard over 45,000 Public Interest Litigation (PIL) cases, many of which pertain to the enforcement of Fundamental Rights.

Source: PRS Legislative Research (Knowledge Cutoff: Dec 2023)

According to the National Crime Records Bureau (NCRB), in 2022, there were over 5.8 million cases registered under the Indian Penal Code, many involving alleged violations of Fundamental Rights related to personal liberty and security.

Source: NCRB Report, 2022 (Knowledge Cutoff: Dec 2023)

Examples

The Right to Education Act, 2009

This Act, stemming from the right to life and personal liberty under Article 21, mandates free and compulsory education for children aged 6-14 years, demonstrating the expansion of Fundamental Rights through legislation.

Frequently Asked Questions

▶Can Fundamental Rights be amended?

While Fundamental Rights can be amended by Parliament, the basic structure of these rights, as established in the Kesavananda Bharati case, cannot be altered. This ensures that the core principles of Fundamental Rights remain protected.

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